Calcutta High Court Reaffirms Pension Rights for Illegitimate Children
In a significant ruling on March 17, the Calcutta High Court has reiterated that illegitimate children are entitled to receive pension benefits from government servants. Justice Krishna Rao delivered the judgment while directing the Eastern Railway to include the names of a gateman's first wife and his 15-year-old daughter from his second marriage in the official service and pension book.
Court's Legal Stance on Illegitimate Children
"It is settled law that an illegitimate child is also entitled to get the benefit, if any, from a govt servant," Justice Rao held emphatically. The court ordered the authorities to immediately process the pension papers and release all consequential benefits, including the monthly pension, within eight weeks. This directive came after a provisional release of the amount, considering the ongoing dispute between the man and his first wife.
Background of the Family Dispute
The case originated when the first wife, aged 50, moved the Calcutta High Court seeking to have the railway authorities strike off the names of the second wife and her daughter from the service book. She requested that her name and her son's name be included instead. Her petition revealed that she is an epilepsy patient and alleged that her husband had deserted her without her knowledge and married another woman.
It was only after the gateman superannuated on December 31, 2025, that she discovered both her and her son's names had been replaced by those of the second wife and her daughter in the official records.
Legal Proceedings and Maintenance Issues
A maintenance case was previously heard before 2012, where the man was directed to pay Rs 1,000 to the first wife as maintenance for their son. However, no divorce decree was ever granted, leaving the first wife legally recognized as the spouse. The woman further alleged that since March 2012, her husband had not paid her any maintenance, plunging her into a financial crisis.
She filed a representation before the Eastern Railway, which responded by stating, "As the second marriage is void as per Hindu Marriage Act, the legally married first wife and daughter from the second wife both are eligible @50% each, as per law."
Court's Final Ruling and Implications
The man's counsel argued that it was the first wife who had deserted him and insisted that the names of the second wife and daughter should remain in the records. However, Justice Rao noted that since no divorce decree was produced, the first wife remains the legally recognized spouse. Consequently, the court ruled that the second wife will not have any right to claim pensionary benefits, but the daughter from the second marriage will be entitled to have her name included.
This ruling underscores the legal protection afforded to illegitimate children in matters of inheritance and benefits from government servants, setting a precedent for similar cases in the future.
