Can first wife avail husband's pension benefits or maintenance


Hii, my mother is first and legal wife of my father. My father remarried to another before 25years having one son and two daughters. Now my father living in Bhubaneswar with his second wife. My father was employed in Indian railway and retired August 2017. My father never give any financial and social assistance to my mother. And my mother lives in inlaws house and no contact with my father since 25 years. Very surprisingly we got to know that family pension and other spouse related facilities can avail my stepmother due to her name is in respective documents. I want to know is it possible for my mother get maintenance charge and spouse entitlement like family pension etc... My father got job after 5year of marriage to my mother.

Answers (4)


187 votes

Dear client,
Your mother is the legal wife of your father. The second marriage of your father is a void marriage as your mother is alive. So your mother has every rights of getting maintenance and also pension. So you suggest your mother to file case as soon as possible. It's too delay. So you take help of advocate and fight for rights and dignity of your mother.


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77 votes

Remarriage by any Hindu male without divorce of the first wife is illegal in Indian law and if so happens the status of the 2nd wife is illegitimate and doesn't deserve any right from the husband Only the legitimate wife is entitled for the family pension and other financial benefits from the husband

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52 votes

Dear , the pension of your father was eligible for your mother and your step brother and sister. So if you file a case against your father before the family court. Then it may be possible to get the maintenance. And the share from your father property also. Any assistance you may need contact directly.

81 votes

Yes,
It can be.
A person can't remarry during subsistence of a marriage and if he enters remarriage than the second marriage is a nullity in eyes of law. So the status of second wife can at best be a concubine. As the second marriage is illegal the off spring born out of such marriage are illegitimate and illegitimate children as well as concubine can't succeed the property of father so also any coparcenery property. So far as sharing of pension is concerned it can't be attached but being a legal married wife she can sue for maintenance and for realization of that amount the court can pass appropriate order.

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