In a very recent case, the Gauhati High Court has observed that there is no concept of Bigamy in Hindu religion and therefore the second wife will not be entitled to family pension in the existance of the first wife.

The bench of Justice Sanjay Kumar Medhi observed this while dealing with a case wherein a petitioner had moved the Court seeking family pension claiming herself to be the wife of one Biren Deka.

She submitted that her husband was working in the Irrigation Department as a Handyman and had passed away in August 2016 therefore, she is entitled to family pension. She has also submitted that she has three children.

But on the other hand, the claim of the petitioner had been contested by the respondents including respondent no. 6. By filing an affidavit, respondent no.6 submitted that she is the first wife of the deceased and therefore as per law she is entitled to the the family pension.

This stand was also endorsed by the Standing Counsel, Irrigation Department as well as A. Hassan, the Standing Counsel, AG, Assam.

After hearing both the parties and going by the evidences, the court noted that there is no concept of Bigamy according to the Hindu Marriage Act and the same is an offense under the India Penal Code.

The court also observed that the children of the second wife are majors. Had they been minor, some relief could have been provided.

In view of the aforesaid situations, this Court observed that as the parties are Hindu by religion, it has no other option but to dismiss the petition as a second wife is not entitled to family pension in the existence of the first wife.