Chennai: Minor children of second wife eligible for pension, tribunal rules

Chennai: Two minor children of an Air Force personnel's second wife are eligible for pension benefits, ruled Regional Bench of Armed Forces Tribunal, Chennai. The bench however, denied benefits to the children's mother.

In the petition, Rani Ramola (41) of Padhuvenchery, Chennai, submitted that Irudayaraj John married her on October 12, 2005, as per Christian rites and out of the wedlock, two daughters were born. They lived together as family till the death of her husband.

In 2014, she came to know that her husband had earlier married C.Gnana Mary of Puducherry in 1992 and two children were born out of the wedlock. Her husband informed her that she eloped with another man and obtained decree of divorce.

Her husband died on January 14, 2015 leaving behind her and her minor daughters in the lurch. Her husband, during his lifetime, made efforts to update his service records, but the outcome was not known to her. Meanwhile, she learnt that the Gnana Mary was trying to get his death benefits and family pension illegally.

In the reply, Air Force said that the name of C.Gnana Mary was recorded as next of kin, whom Irudayaraj John had married in 1992 and the details of their children were also mentioned in the records. As per government policy, Mary was eligible for family pension and in view of absence of any documentary proof showing that a decree of divorce was issued by a competent court of law, Mary alone could be considered as his legally wedded wife, the authorities added.

Gnana Mary stated that her husband did not initiate any divorce proceedings against her nor any court of law passed any decree of divorce and she continues to be the legally wedded wife of her deceased husband till his death. The petitioner cannot seek any claim.

The bench comprising Judicial Member Justice S.S.Satheesachandran and Administrative Member, Lt Gen K. Surendra Nath, said minor children of Rani Ramola are also entitled to a share of the ‘Ordinary Family Pension’ along with the first wife and her children.