Second Marriage Registration and Bigamy: Will You Still Get Family Pension. I was married in 1996 socially, but completed registration only in 2022. My husband might have registered marriage with another woman offline between 2017 to 2020. He has even removed my name as a nominee from his family pension account and put in some other name. What is my marital status now? Shall I be entitled to receive a family pension if I happen to live longer than him?
Under Section 8 of the Hindu Marriage Act 1955, it is not compulsory to register a marriage. In 1997, your marriage was solemnised, and you possess photographic evidence to support your claim of marriage.
However, your husband's second marriage is illegal because he was already legally married at the time of his second marriage. This act of bigamy is punishable under Section 494 of the Indian Penal Code.
As a legally wedded wife, you have the right to receive a family pension. To address your concerns, you should file a complaint against your husband under Section 494 IPC and provide a copy to the department where your husband is employed. Bigamy is a serious offence, and the department may initiate disciplinary proceedings against your husband. In this situation, the department may divide the pension and other retirement benefits and allocate a portion of it to you separately.
