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A woman living together with a tamil nadu govt servant without valid marriage is eligible for family


30-Mar-2023 (In Family Law)
A woman living together with a tamil nadu govt servant without valid marriage is eligible for family A govt servant of Tamil Nadu Govt, after following the Hindu Customs, married a lady of his office staff(co worker) and lived with her from 1989 to 2000. Without getting divorce order from her, both of them he separated themselves fr by executing a Marriage Cancellation Deed and got it registered at a Sub Registrar's office where she was working by giving false address. In 2001 he started living with another woman for long time without marrying her as per Section 5 of the Hindu Marriage Act, ie. without getting legal divorce order from the Court from his First wife. After his retirement in 2012 he started to draw pension.. By adopting dubious methods he has nominated illegally wedded lady by influencing the higher officials at the fag end of his retirement.Now she is drawing Family pension from the date of his death on 10-4-2017.Invalid nomination . Eligible for Family PENSION. Kindly
Answers (1)

Answer #1
535 votes
It is invalid nomination, you are a valid wife. In tamilnadu after 1956 no need valid marriage , just exchanging the ring in the intent of marrying you before friends or relatives is enough. In the subsisting of first marriage second marriage is not valid , it is not marriage before law. The remedy is send the legal notice to stop pension to secondly wedded women to Pf office and your husband's office and also to that lady who illegally getting your husband's PF money after he deceased. Incase no response even after 15 days, we need to approach High Court by filing Writ Petition seeking direction for mandamus
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