Pension benefits for second wife
I am the second wife of a muslim retired central government employee, is there any chance that I would be eligible to his pension and other benefits after the death of the first wife?
Asked 2 years ago in Family Law from Jaipur, Rajasthan
Religion: Muslim
Second wife can claim pensionary benefits of deceased employee
2)pension amount should be split between 2 wives

Advocate, Mumbai
44368 Answers
2577 Consultations
Since you are a Muslim both the wives have equal rights over the terminal benefits of the husband along with other legal heirs, if any.

Advocate, Kolkata
12538 Answers
161 Consultations
If the second wife was Hindu before marriage does the same still hold true?
Asked 2 years ago
1) lady has converted into Islam to marry
2) she is legally wedded wife and entitled to equal pension benefits on demise of her husband

Advocate, Mumbai
44368 Answers
2577 Consultations
Yes. You shall have to apply for the same after submitting her death certificate and certificate of your marriage with your deceased husband.

Advocate, Kolkata
18161 Answers
438 Consultations
If your husband was a Muslim and jis first wife was converted to Islam then it does not matter whether his first wife was a Hindu before marriage or not.

Advocate, Kolkata
18161 Answers
438 Consultations
The fact is that the wife is entitled to family pension only after the demise of the service pensioner. In fact you should have entered your in the service records of your husband as his second wife or at least objected or protested the grant of family pension to the first wife , by which the pension amount can be split and given you both the due share.
As per pension policy the family pension cannot be granted or extended to a third person after the death of the family pensioner.
You may clarify this rule from the pension disbursing authority.

Advocate, Vellore
34540 Answers
372 Consultations
If the second wife was Hindu before marriage does the same still hold true?
The question is not about the religion. It is about the eligibility. If she is legally wedded wife nothing prevents her from claiming the family pension.

Advocate, Vellore
34540 Answers
372 Consultations
1. Did you marry him while his first marriage was still in subsistence? A government servant (even if Muslim) is not allowed second marriage. A government servant (even if Muslim) cannot nominate two wives for pension. Being pensioner she has the legal right to nominate her children for consideration of compassionate appointment.
2. If she has not nominated her children for pension then you may get the pension.

Advocate, Jaipur
22966 Answers
631 Consultations