Delhi High Court: Family Pension Under Army Regulations Only for Lawfully Married Spouse

The Delhi High Court held that a family pension under the Pension Regulations for the Army, 1961, is strictly reserved for a "lawfully married" spouse.

The Court rejected a claim by a second wife, noting that her marriage took place while the soldier's first wife was still alive and not legally divorced.

The Bench emphasized that under the Hindu Marriage Act,1955, such a second marriage is "void in law" from its inception.

Furthermore, the Court clarified that the eventual death of the first wife does not automatically validate the second marriage or grant pension rights.

[Vidya Devi v. UOI & Ors.]