WHETHER A WOMAN LIVING IN A LIVE-IN RELATIONSHIP THROUGHOUT MAN'S LIFE OBTAINS THE STATUS OF "WIFE"

The Madras HC has referred to whether a woman living in a live-in-relationship throughout Man's life obtains the status of "Wife" after the first wife's demise to get Pension benefits after the Husband's death.

The Petitioner submitted that her husband was receiving a pension monthly in his S.B. Account. Her husband mentioned his first wife (Sushila) as his nominee. After the death of Sushila, the Petitioner's husband made an application to change the nominee in his Account. Additionally, he requested to update the Petitioner's name in the nominee details regarding his pension Account.

After the death of the Husband, the Petitioner made an application to the
Respondents seeking withdrawal of pension amount from his Account but stood rejected.

BACKGROUND
The Petitioner is the sister of her husband's first wife. Although her sister Sushila had cancer, she was asked to marry her husband; both Sushila and the Petitioner lived together under one roof after the Petitioner's marriage with the deceased.

Hence, according to the Petitioner, she is entitled to pension and other benefits of her husband in terms of Rule 49 of the Tamil Nadu Pension Rules, 1978.

OBSERVATION
The Court Observed and said that the second wife attains the status of a wife from the date of demise of the first wife, in case the husband is alive on the date of death of the first wife.

Also, when an unknown relationship comes to be known after the death of the husband, such woman may not be authorised to any relief unless Personal Law permits or obtained from the competent authority concerning her legal status.

Author: Papiha Ghoshal