Stories
Second Wife No Pension Rights: High Court's Landmark Ruling
- •The Karnataka High Court has clarified that only the first wife has the right to receive her deceased husband's family pension.
- •A second marriage has no legal validity while the first wife is alive, thus the second wife cannot be granted pension rights, the High Court ruled.
- •According to the Hindu Marriage Act, 1955, bigamy is an offense, and the second wife is not a legally wedded wife, the court stated.
- •The High Court directed BBMP and the e-governance department to follow an e-KYC model before issuing death certificates in Bengaluru.
- •Hospitals must identify the deceased and fill details in an e-KYC model, which officials will verify before issuing the death certificate, to prevent errors.
Key Questions Answered
No, the Karnataka High Court clarified that only the first wife has the right to receive a deceased husband's family pension. A second marriage holds no legal validity while the first wife is alive, and bigamy is considered an offense under the Hindu Marriage Act, 1955.
The High Court instructed the BBMP and the Secretary of the e-governance department to implement an e-KYC model before issuing death certificates. Under this process, hospitals must identify the deceased and fill out accurate details at the preliminary stage to prevent common clerical errors.
According to Rule 11 of the Karnataka Registration of Births and Deaths Rules, 1999, registering authorities can rectify certain clerical errors using powers available under Section 15 when they are convinced of the mistake.
