In a landmark ruling, the Karnataka High Court has granted the second wife of a deceased Indian Railways employee an equal share of his family pension, sparking debate about polygamy and pension rights. The December 20th decision hinges on the Pension Rules, which explicitly allow multiple widows to claim family pension, prompting questions about their compatibility with Hindu marriage laws that prohibit bigamy.
The case stemmed from the second wife’s appeal against a lower court order awarding the entire pension to the first wife and her children. Justice M Nagaprasanna, recognising the Pension Rules’ lack of differentiation between wives, directed a 50/50 split.
While acknowledging the Hindu Marriage Act’s stance on polygamy, the bench emphasised the primacy of the Pension Rules in governing employee rights. “If there are no Rules, there is no pension,” Justice Nagaprasanna stated, adding that “pension will be paid in accordance with the rules.”
This ruling opens a complex legal debate. While highlighting the Pension Rules’ neutrality towards marital status, it raises questions about potential conflicts with other laws.
Proponents see the decision as upholding the principle of family security. They point out that the deceased employee contributed to the pension fund equally for all his wives, justifying their equal claim to the benefits.
With its emphasis on Pension Rules over personal laws, the Karnataka High Court’s ruling has undoubtedly shaken the ground on pension entitlements in polygamous families. Further legal challenges and potential changes to existing rules are likely as this nuanced issue continues to evolve.