INDIA: Kids Of Second Wife Entitled To Retirement Benefits, Rules Supreme Court

NEW DELHI (The Statesman), January 23, 2008: Children born to a government servant from his second wife during the subsistence of the first marriage, would be entitled to all the benefits due at the time of his death/retirement, the Supreme Court has ruled. The second wife herself would not be entitled to the benefits unless she has been made a nominee by the deceased husband and she produces a valid succession certificate to the effect, a Bench of Justices SB Sinha and VS Sirpurkar said. The Court passed the ruling while allowing an appeal filed by Vidyadhari, second wife of Sheetaldeen, a deceased employee of the Western Coalfields, Madhya Pradesh. Vidyadhari had filed the appeal against the Madhya Pradesh High Court order which had held that only Sukhrana Bai, the first wife was entitled to the retirement benefits as the second marriage was contracted during subsistence of the first marriage. Statesman News Service