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In Absence Of UCC Or Law Banning Polygamy, Valid Muslim Second Marriage Doesn't Bar Family Pension For Widow: Patna HC
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Justice Purnendu Singh allowed the writ petition filed by Najma Khatoon , who sought family pension following the death of her husband, a government employee, contending that their marriage was valid under Mohammedan Personal Law.
The petitioner sought directions for grant of family pension after her husband's death on October 14, 2024.
She relied on the Bihar Finance Department's Resolution dated June 27, 2011, contending that it clarifies that surviving widows of a deceased Muslim government employee whose marriages are valid under Mohammedan Personal Law are entitled to family pension in equal proportion.
It further observed that under Mohammedan Personal Law, a Muslim male is legally permitted to contract up to four marriages during the lifetime of his first wife and is generally not liable for the offence of bigamy because his personal law recognises polygamy.
Accordingly, the Court directed the Civil Surgeon, Lakhisarai, to take all necessary steps to facilitate sanction of family pension in favour of the petitioner.