Army must pay pension to 2ND wife if 1ST relinquishes her rights :HC

In this post we will read the recent judgement by Punjab and Haryana high court whether whom to be entitled with the pensionary benefits after the death of army person if the later had two wives with former wife as divorcee.

Facts: Punjab and Haryana high court in its recent judgement directed the army to entitle pensioanry benefits to the second wife of late mohinder singh if first wife had relinquished her rights before the court. Further, HC was also of the view that authorities cannot compel the first wife of the late solider to present the proof of her divorce.

The whole dispute arose when the later wife Daljit Kaur of late mohinder singh claimed pensionary benefits for being the widow as former wife Bant Kaur had made a statement that she has no objection if pensionary benefits are released in favour of Daljit Kaur, responding upon which army authorities insisted that the records hold Bant kaur as her only wife as Bant Kaur never legally divorced mohuinder singh and hence, Daljit Kaur is not entitled to damages.

 In the final judgement HC served that as Bant Kaur herself has given up her right , the appealing party are required to pay the amount of pensionary benefits to Daljit Kaur.

Army Pension First or Second Wife
Army Pension First or Second Wife

Law related : according to OFP (ordinary family pension) the lawfully married widow or widower and also judicially separated widow/widower where separation is not on the ground of adultery upto date of death or remarriage , whichever is earlier is eligible member of family in order of priority to get pension.


Conclusion : HC after hearing both the side was of the view that if first wife of deceased army person had voluntarily given upon her rights and mentioned the same in front of court  then the later wife is entitled for all the rights regarding benefits of pension and hence as Bant kaur has consented for the same then Daljit kaur is entitled to get the benefits .