Entitlement of death-cum-retirement benefits to children born out of a second marriage under W.B.S. (DCRB) Rules, 1971

Memo no. 8252/1(350)-F Dated: 29-07-1988 Finance Department Govt. Of West Bengal

Summary: West Bengal Finance Department Memorandum No. 8252/1(350)-F (dated July 29, 1988) clarifies that although a second marriage during the lifetime of the first wife is void under Section 17 of the Hindu Marriage Act, 1955, children born out of such a marriage are legitimate under Section 16(1) of the Act. Consequently, the Governor has decided that these children are to be treated as legitimate family members and legal heirs for receiving death-cum-retirement benefits under Rule 170 of the W.B.S. (DCRB) Rules, 1971.

Government of West Bengal

FINANCE DEPARTMENT
AUDIT BRANCH

Memo. No. 8252/1(350)-F Dt. 29.7.88

Under Section 17 of the Hindu Marriage Act, 1955, second marriage solemnised during the life-time of the first wife is void. Such second wife, not being a legitimate heir, is not entitled to receive any benefit due on the death of a Government employee while in service or after retirement as per provision of this Department Order No. 9388-F dt. 4.8.83.

A question has now been under consideration of the Government as to whether the children born out of the second marriage will be entitled to such benefit. Under Section 16(1) of the said Act, though the second marriage is null and void, any children of such marriage shall be legitimate.

In view of the provision of the Hindu Marriage Act, 1955, the Governor has been pleased to decide that such children born out of the second marriage are to be accepted as members of the family/legal heirs within the meaning of Rule and (2) and Rule 170 of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971.

Sd/-

Deputy Secretary to the
Government of West Bengal
Finance Department