CHENNAI: Madras high court has affirmed that a govt servant cannot lawfully contract a second marriage while the first spouse is alive, and such a marriage remains invalid even after the death of the first spouse. A division bench of Justice S M Subramaniam and Justice C Kumarappan set aside a single judge’s order allowing the second wife of a govt servant to claim family pension benefits on the ground that the first wife was no more.“The Tamil Nadu Govt Servants Conduct Rules prohibit contracting a second marriage by the govt employee during the lifetime of the first spouse. Contracting a second marriage during the lifetime of the first spouse is misconduct warranting departmental proceedings, which is considered grave misconduct under the conduct rules,” the bench said.The bench further added that the single judge failed to consider the relevant rules under the Tamil Nadu Pension Rules, which are to be followed for the grant of pension and family pension. The eligibility for pension and family pension is of paramount importance, since the pension is a welfare scheme and is granted in accordance with the provisions of the rules.In the case on hand, the facts regarding the second marriage during the lifetime of the first wife were not disputed. Thus, the second marriage is null and void. Even during the lifetime of both wives, the govt servant (M Radhakrishnan) submitted an application for inclusion of the names of both wives in the pension payment order, which the accountant general of Tamil Nadu rejected.Aggrieved, he moved the high court. The single judge allowed the petition and permitted nominating his second wife for family pension on the ground that the first wife was deceased.Allowing an appeal moved by the accountant general, the bench set aside the single judge order dated Nov 2, 2021.
