Patna: In a significant judgment, the Patna High Court has held that the second wife of a Muslim government employee is entitled to receive a family pension, provided the marriage is valid under Muslim Personal Law.
The court observed that, until a Uniform Civil Code (UCC) or any overriding legislation is enacted, issues relating to the marital rights and obligations of Muslims will continue to be governed by Muslim Personal Law.
The ruling came while allowing a petition filed by Najma Khatoon, who challenged the Bihar government’s refusal to grant her a family pension after the death of her husband, a government employee.
Court Sets Aside Government’s Stand
The case was heard by Justice Purnendu Singh of the Patna High Court.
According to the petition, Najma Khatoon’s husband, Mohammad Usman, was a government employee. During his lifetime, he had sought to amend his Pension Payment Order (PPO) by replacing the name of his deceased first wife with that of Najma Khatoon. He had also updated the PPO to include the name of the daughter born from his second marriage in place of the son from his first marriage.
Following Usman’s death, Najma Khatoon applied to the Bihar Health Department for a family pension.
The department rejected her request, arguing that the second marriage had been contracted while the first wife was alive and was therefore not eligible for pension benefits.
Najma Khatoon subsequently challenged the decision before the High Court.
Muslim Personal Law Applies, Says Court
In its judgment, the High Court held that Muslim Personal Law continues to govern the validity of marriages among Muslims unless there is a statutory provision to the contrary.
The court observed that the validity of a Muslim man’s marriage must be determined according to the personal law applicable to him, provided government service rules do not expressly prohibit such a marriage.
It further held that a widow cannot be denied a family pension solely because she is the second wife if the marriage is recognised under Muslim Personal Law.
Bihar Government Directed To Grant Pension
The High Court directed the Bihar Health Department to take the necessary steps to extend family pension benefits to Najma Khatoon in accordance with the applicable rules.
The judgment is expected to have wider implications for similar cases involving Muslim government employees in Bihar, clarifying that family pension cannot be denied solely on the ground that the claimant is the second wife, where the marriage is valid under Muslim Personal Law.
