The Delhi High Court (DHC) , In a judgment delivered on February 18, 2026 ,ruled that a second wife is not entitled to a family pension if her marriage was solemnised while the husband’s first marriage was still subsisting..
The court clarified that such a marriage is void in law from its inception under the Hindu Marriage Act, 1955 and subsequent events such as the death of the first wife even do not validate the second marriage for pension purposes..
Legal Takeaways of Judgement
- A marriage contracted during the lifetime of a first legally wedded wife is legally void. This status does not change even if the first wife passes away later
- Family pension is a statutory benefit governed strictly by service rules such as the Pension Regulations for the Army, 1961 and is not a matter of general inheritance or “sympathy”.
- Only a “legally wedded” widow is eligible for the pension. The court noted that pensionary rights cannot be extended to a spouse whose marriage remains unlawful..
- While the second wife is ineligible, children born from such a relationship may still be entitled to a share of the family pension, provided they meet other eligibility criteria like age and marital status..
In a separate but related ruling in January 2026, the Delhi High Court upheld a different rule and said a childless widow of a deceased government employee , specifically from the CRPF. does not lose her pension upon remarriage, provided her independent income remains below the prescribed limit. This highlights that the court prioritises statutory eligibility at the time of the employee’s death over later life changes…
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