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1 - 10 of 11 (0.42 seconds)Section 5 in The Hindu Marriage Act, 1955 [Entire Act]
Section 372 in The Indian Succession Act, 1925 [Entire Act]
Article 309 in Constitution of India [Constitution]
R.Rajathi vs The Superintendent Engineer on 12 July, 2017
17. It must also be pointed out that a Division Bench of this
Court in R.Rajathi Vs. the Superintendent Engineer, TANGEDCO,
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Nagapatinam District (W.A.No. 977 of 2017, dated 05.06.2018) had
held as follows:-
Section 11 in The Hindu Marriage Act, 1955 [Entire Act]
Raj Kumari & Anr vs Krishna & Ors on 26 February, 2015
In 2015 (14) SCC 511 [ Raj Kumari and another Vs.
Krishna and Others], the Hon’ble Supreme Court had held that family
pension is sanctioned to a legal wedded wife of the deceased
Government employee. In the said case, the deceased Government
employee had married the plaintiff therein while the first wife alive. The
Hon’ble Supreme Court held that the plaintiff can, by any stretch of
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imagination be described as a legally wedded wife of the deceased
Government employee. That ratio squarely applies to the case of this
case. The petitioner never claim the status of a legally wedded wife.
Therefore, she cannot claim to be a widow. She cannot claim pension.
P.Visalakshiamma vs The Director Of Schools Higher ... on 4 April, 2014
(vi) 2014-2 L.W. 1009 [ P.Visalakshiamma Vs. The Director of
Schools Higher Education and others]. The issue in that case was with
respect to nomination of the second wife of the Government servant and
it was held that a nominee is a person, who is to immediately be put in
charge of the benefits and is bound to distribute the same between the
legal heirs. It was very specifically stated that since the marriage was not
valid in the eye of law, she cannot be termed as a widow as per Rule
49(7) of the Tamil Nadu Pension Rules 1978. A compromise had been
entered into and that was recorded. However, it was very specifically
held that under Section 5 of the Hindu Marriage Act 1955, a Hindu male
or a female cannot marry again during the subsistence of the first
marriage. Such marriage will be void abinitio. The observation in this
Judgment actually works against the appellants herein.
Tmt.J.Rajakumari vs The Superintendent Of Police on 31 March, 2016
(xii) 2016 SCC OnLine Mad 15221 [ Tmt. J.Rajakumari Vs. The
Superintendent of Police]. In the entire Judgment, the learned counsels,
who argued had not brought to the notice of the Court Section 5 of the
Hindu Marriage Act 1955 which very specifically prohibits second
marriage during the subsistence of the first marriage. The Rules under
the Tamil Nadu Pension Rules can never override substantial law as
stated under the Hindu Marriage Act, 1955 relating to validity and
legality of a second marriage. The said Judgment is not applicable to the
facts of this case.
Smt. Tulsa Devi Nirola And Others vs Smt. Radha Nirola And Others on 29 May, 2017
(xiv) CDJ 2020 SC 314 [ Tulsa Devi Nirola and Others Vs.
Radha Nirola and Others]. The Hob’ble Supreme Court was concerned
with grant of Succession Certificate under Section 372 of the Indian
Succession Act 1925. The deceased had contracted a second marriage on
09.05.1987. It was observed by the Hon’ble Supreme Court that the
Hindu Marriage Act, 1955 had not been brought into force by that date
in the State of Sikkim.