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Orissa High Court: Second Wife Not Entitled to Family Pension Under Odisha Civil Services Pension Rules, 1992

Bigamous Marriage Declared Void – No Family Pension Rights

In a significant judgment, the Orissa High Court has categorically held that a second wife, whose marriage was contracted during the subsistence of the first marriage, is not entitled to family pension under the Odisha Civil Services (Pension) Rules, 1992.

The Division Bench comprising Justice Dixit Krishna Shripad and Justice Chittaranjan Dash reiterated that only a legally wedded wife can claim family pension, and a marriage that is void ab initio cannot be validated by any subsequent event.

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Case Title & Citation

Kankalata Dwibedi v. State of Orissa
W.A. No. 1460 of 2025
Decided on: 13 January 2026
Orissa High Court

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Background of the Case

The dispute arose after the competent authority rejected the claim of the appellant for family pension vide order dated 12-11-2021. The rejection was based on the finding that:

• The deceased government employee had contracted a second marriage during the lifetime of his first wife.

• As per Note below Clause (d) of Rule 6(6) of the Odisha Civil Services (Pension) Rules, the second wife was not legally entitled to pensionary benefits.

Appellant’s Argument

The appellant contended that:

• The Pension Rules use the term “wife/wives”, which should be interpreted to include the second wife.

• After the death of the first wife, the second wife should be considered eligible for family pension.

Respondents’ Stand

The State opposed the claim, asserting that:

• Bigamous marriage is void under Hindu law

• Pension cannot be granted on the basis of an illegal marital relationship

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Key Legal Findings of the Orissa High Court

1. Monogamy Is Mandatory Under Hindu Marriage Act, 1955

The Court emphasized that after the enactment of the Hindu Marriage Act, 1955, monogamy is the rule, and bigamy is strictly prohibited.

“The idea of second marriage during the subsistence of the first abhors the very pith and substance of the Act.”

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2. Bigamous Marriage Is Void and Punishable

Relying on Section 17 of the Hindu Marriage Act read with Sections 494 and 495 IPC, the Court reiterated that:

• A second marriage during the subsistence of the first is void ab initio

• Such an act constitutes a criminal offence

The Court also referred to Mayne’s Hindu Law, which clearly declares bigamous marriages as illegal.

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3. Valid Marriage Is a Sine Qua Non for Family Pension

The Court clarified that:

• Family pension is payable only to a “widow”

• To be considered a widow, there must exist a valid and lawful marriage

• What is void from inception does not become valid later

Granting family pension to a second wife would amount to placing a premium on illegality, which the Court firmly rejected.

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4. Interpretation of “Wife/Wives” in Pension Rules

The Bench held that:

• The word “wives” in the Pension Rules does not permit polygamy

• It cannot be interpreted to override personal law and statutory prohibitions

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5. Reliance on Supreme Court & High Court Precedents

The Court relied on Mahalakshmamma v. Department of Rural Development & Panchayathraj, 2023 SCC OnLine Kar 100, holding that:

Recognition of second marriages during the subsistence of the first marriage is detrimental to public interest and encourages illegal conduct by government employees.

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Final Decision

The Orissa High Court dismissed the writ appeal, holding that the appellant (second wife) is not entitled to family pension, as the marriage itself was void in law.

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Legal Takeaway

✔ Second marriage during subsistence of first marriage is illegal
✔ Bigamous wife has no right to family pension
✔ Pension benefits cannot arise from void marriages
✔ Hindu Marriage Act overrides service rules

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• Orissa High Court family pension judgment

• Second wife family pension eligibility

• Bigamous marriage pension rights India

• Hindu Marriage Act Section 17 bigamy

• Odisha Civil Services Pension Rules

• Family pension second wife Supreme Court

• Void marriage pension entitlement

• Bigamy under IPC Sections 494 and 495

• Family pension legal wife only

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