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Supreme Court Of India

(From : Patna)*

Hon'ble Judge(s): D. P. Wadhwa, S. N. Phukan , JJ

Constitution of India , Art.16— Payment of Gratuity Act (39 of 1972) , S.4— Family Pension and death-cum-retirement gratuity - Entitlement - Children born to deceased Hindu employee from second wife taken during subsistence of first marriage - Are entitled to share in family pension and gratuity - Government can grant pensionary and other benefits after holding enquiry about existence of second marriage - Need not wait for decision of Civil Court in that regard. Hindu Succession Act (30 of 1956) , S.8, S.10— Hindu Marriage Act (25 of 1955) , S.16— Under Section 16 of Hindu Marriage Act, children of void marriage are legitimate. under the Hindu Succession Act, 1956 property of a male Hindu dying intestate devolve firstly on heirs in Clause (1) which include widow and son. Among the widow and son, they all get shares. The second wife taken by deceased Government employee during subsistence cannot be described a widow of deceased employee, their marriage void. Sons of the marriage between deceased employee and second wife being the legitimate sons of deceased would be entitled to the property of deceased employee in equal shares along with that of first wife and the sons born from the first marriage. That being the legal position when Hindu male dies intestate, the children of the deceased employee born out of the second wedlock would be entitled....