I am hindu male. I married to younger sister of my first wife with the concent from my first wife in1990 because we did not have any child till then. My first marriage held in 1980. I am an bihar govt employee in PWD department. I did not take permission from my office because marriage was held spontaneously. My first wife dies in 2017 due to brain hammerage. Now in 2018 my retirement is coming. Is there any problem to my retirement benifits? My second wife is having no claim against me. Is she will get retirement benifit too? What should I do about nominee? I have only one unmarried son and too married doughters. What happens if some one outside my home complains about this in office?
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Second marriage during subsistence of earlier marriage is illegal
2) your services can be terminated by your employer if it is discovered you married during subsistence of earlier marriage
3) don't disclose your second marriage now
4) take your retirement benefits
1.During the subsistence of marriage you can not marry another person and I wonder being a government servant how you could make this blunder.
2.Now since your second marriage void and illegal under the eye of law your second wife is not entitled to pension.
3.Do remember that if you disclose your second marriage your retirement benefits may get stopped.
4. So on your death no one is entitled to pension.
5.During your lifetime you will have to make provision so your so called second wife survive on your death.
My colleagues already know about all this situtations. They have not told yet but I am afred that if they inform in office then what will happen to my pension benifits will they permanently stop all benifits to me ?
Lets pray that your colleagues wouldn't inform your employer.
You would be guilty of misconduct as you married during subsistence of earlier marriage
Your pension benfits may be stopped by the authorities
Hi, biagamy do not effect your pension benefits.. Moreover the biagamy can only be filed by first wife and not by anyone else
Hello,
In this case none of the party has locus to lodge a complaint against you, only your wife or wife’s sister can lodge a complaint against you for this act.
Since this happens to be a matrimonial manner you do not have to worry about anything happening in your office.
Regards
Without divorce second marriage is an offence under section 494 of ipc. Live in relationship also will be treated as an act of adultery punishable with jail term, should your wife lodges complaint against you in this regard. So with out proper divorce the second wife could not consider as legal heir and the beneficiary of Pensions.
So you can get the retirement benefit but your wife has to prove she is legally wedded wife for getting the same. So on your death no one has entitled to get pension.Government servant without permission from the Government, even if it is permissible by personal law, amounts to misconduct
1. Such second marriage even with the consent of the 1st wife is not permitted as per service conduct rule of W.B. Government and it may not be permitted as per Bihar Government service Conduct Rule also.
2. So, you have conducted a crime as per law of our Country and your State.
3. Who is standing as your nominee so far? Is it your late 1st wife? If so then you should not disclose her name as your second wife now.
4. Your case is not a simple open and shut case.
5. If any body complaints with evidence that you had married your second wife during the pendency of your 1st marriage without informing your office then you may be deprived of all the retirement benefits.
6. You can now marry and show marriage to your 2nd wife after demise of your 1st wife and inform the office accordingly.
7.There may not be any record of who is the mother of your children and even if there is, it does not fall with in the purview of your office as to who gave birth to your children. They will take objection if you marry twice during the pendency of your 1st marriage.
8. You can marry your 2nd wife now and inform your office accordingly attaching the copy of the recent certyificate of your marriage.
9. In the above event, she will be treated as your legally wedded wife and will be entitled to get all your post demise benefits including widow pension.
1. Do not show any where that you had married her in the year 1990.
2. No body will get the evidence of your said marriage like the marriage certificate without which you can not be accused for conducting bigamy. Let people know but without evidence your guilt can not be established.
3. Marry her again in the year 2017 after the demise of your 1st wife for which she will become your legitimate wife now.
4. Inform your office about your second marriage to legitimise her marital status with you.
If you have not done the nomination in anyone's name, you can mention yor second wife as nominee for PF and other retirement benefits including family pension.
If your first wife was named as nominee in your service records, you may submit an application to remove her name owing to her death, by producing the death certificate and may request to include your second wife as nominee, you may attach the marriage certificate with this second wife.
Dont worry about any complaint against this becasue there is no legal infirmity in this especially when your second wife is not living anymore to make any claim on this.
Since you have only one wife living now, you can nominate her for all the retirement benefits.
You need not worry about the fact that you married the second wife during the subsistence of previous marriage because that is a forgotten fact now.