Saturday, March 29, 2025
Kolkata | March 31, 2026
The Calcutta High Court has delivered a landmark judgment regarding family relationships and legal heirs that is set to become a major precedent. The Court has clarified that even if a person’s second marriage is not legally valid, the children born from that relationship cannot be deprived of their father’s pension and service benefits. Justice Krishna Rao’s bench issued this significant order while hearing a complex case involving a railway employee.
The story behind this case involves a former Gateman in the Eastern Railway. The employee had entered into a second marriage without obtaining a legal divorce from his first wife.
The Conflict: Following his retirement on December 31, 2025, the employee removed the names of his first wife and son from his Service Book and pension documents, replacing them with the names of his second wife and their 15-year-old daughter.
The First Wife’s Plea: The first wife approached the court, stating she suffered from epilepsy and had been deserted by her husband. She further alleged that she had received no maintenance from him since 2012.
After analyzing the legal nuances, the High Court reached the following conclusions:
Legal Heir Status: Since no decree of divorce was produced, the first wife remains the legally recognized spouse and the primary legal heir.
Validity of Second Marriage: Under the Hindu Marriage Act, the second marriage is considered void (illegal) while the first marriage subsists. Therefore, the second wife has no legal right to claim pensionary benefits.
Rights of the Child: Crucially, the Court ruled that the daughter from the second marriage is an “illegitimate child” in the eyes of the law, but her rights to her father’s property and pension are fully protected.
“It is settled law that an illegitimate child is also entitled to get the benefit, if any, from a government servant,” held Justice Krishna Rao.
The High Court directed the Eastern Railway to include the names of both the first wife and the daughter from the second marriage in the pension records. This judgment reinforces the principle that regardless of the legal status of the parents’ relationship, the law prioritizes the protection of children’s rights.
