WRIT PETITION No. 15979 OF 2022 (GM-FC) Karnataka High Court Smt. Pushpa vs Smt. Y. Jansi Rani on 20 December, 2023 Railway Services (Pension) Rules, 1993 – R. 75(7)(i)(a) – Hindu Marriage Act, 1955 – Ss. 5(i), 11 – Family pension – Second wife – Void marriage – Whether second wife of deceased Railway employee is disentitled to family pension merely because the marriage is void under the Hindu Marriage Act – Held, No. (Paras 12-18)

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Railway Services (Pension) Rules, 1993 – R. 75(7)(i)(a) – Hindu Marriage Act, 1955 – Ss. 5(i), 11 – Family pension – Second wife – Void marriage – Whether second wife of deceased Railway employee is disentitled to family pension merely because the marriage is void under the Hindu Marriage Act – Held, No. (Paras 12-18)

Held: Rule 75(7)(i)(a) of the Railway Services (Pension) Rules is a special statutory provision governing disbursement of family pension. Where family pension is payable to more than one widow, the Rule expressly mandates payment in equal shares. The statutory entitlement created by the Pension Rules operates independently of the personal law consequences flowing from Sections 5(i) and 11 of the Hindu Marriage Act. Therefore, notwithstanding the void nature of the second marriage under the Hindu Marriage Act, the second widow is entitled to equal family pension under Rule 75. (Paras 12, 15-18)

Followed: Union of India v. Smt. Jaywantabai, 2014 SCC OnLine Bom 3347. (Paras 12-17)

Followed: Union of India v. Sushila Devi, 2016 SCC OnLine Cal 5070. (Paras 12-13)

Followed: D. Kuruvamma v. Senior Divisional Personnel Officer, 2019 SCC OnLine Mad 12636. (Para 13)

Distinguished: Kamalbai v. State of Maharashtra, 2019 SCC OnLine Bom 2219, as relating to the Maharashtra Civil Services (Pension) Rules and not the Railway Services (Pension) Rules. (Para 15)