• 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 7 months 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 

Ajay Sethi
Advocate, Mumbai
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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.
Devajyoti Barman
Advocate, Kolkata
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71 Consultations
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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 
Ajay Sethi
Advocate, Mumbai
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Yes. You shall have to apply for the same after submitting her death certificate and certificate of your marriage with your deceased husband.
Krishna Kishore Ganguly
Advocate, Kolkata
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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. 
Krishna Kishore Ganguly
Advocate, Kolkata
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280 Consultations
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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.
T Kalaiselvan
Advocate, Vellore
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151 Consultations
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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.
T Kalaiselvan
Advocate, Vellore
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151 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
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484 Consultations
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