HP High Court Allows Plea For Second Wife To Be Included In Govt Employee's Pension Record After First Wife's Death

The Himachal Pradesh High Court held that the second wife of a retired government employee cannot be denied pension after the death of the first wife, even if the marriage was technically invalid under Section 5 of the Hindu Marriage Act.

The Court relied on the Supreme Court's judgement in Shriramabai v. Captain Record Officer, 2023, which held that “if a man and woman cohabited continuously for a long spell, one can draw a presumption in favour of a valid marriage”.

Justice Sandeep Sharma noted that: “True it is that in terms of Section 5 of the Hindu Marriage Act, marriage of the petitioner with Ms. Jawala Devi i.e. second wife, during subsistence of his first marriage with Ms. Kamlesh Devi can be said to be illegal, but in peculiar facts and circumstances of the case… respondents ought not have rejected the case of the petitioner”

The Court remarked that since all the legal representatives of the petitioner have become major and they have no objection to the change of the nominee, there will be no prejudice caused to either of the parties if the prayer for change of name is accepted.

Facts of the case:

In 1973, the petitioner was appointed as a carpenter on a regular basis in the respondent department. Later in 1994, he got married. However, there was no child born out of the marriage, and the petitioner later married the younger sister of his first wife.

The petitioner retired in the year 2003 and has been drawing a pension since then. After the death of his first wife in 2020, the petitioner filed a representation seeking a change of nominee in the pension record and to enter the name of his second wife instead of his first.

However, the representation of the petitioner was denied on the ground that the second wife of the petitioner is not eligible for family pension. Thereafter, the petitioner approached the High Court.

In response, the department submitted that the petitioner solemnised a second marriage during the subsistence of his earlier marriage, which made his second marriage void under Section 5 of the Hindu Marriage Act,1955.

It further contended that according to Rule 54 of the Central Civil Services Pension Rules, 1972, the second wife, is not entitled to pension if married during the lifetime of the first. 

However, in rejecting these contentions, the court allowed the plea.

Case Name: Mahesh Ram V/s State of Himachal Pradesh & Others.

Case No.: CWP No. 2269 of 2024

Date of Decision: 17.09.2025

For the Petitioner: Mr. Vijay Bir Singh, Advocate.

For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General,

with Mr. Ravi Chauhan, Deputy Advocate General for State

Mr. Karun Negi and Mr. Somesh Sharma, Advocates, for respondent No.5.

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