Vidya Devi v. Union of India & Others, 2026
The Court applied personal law principles to determine entitlement under service pension rules.
Judgement Details
Court
Delhi High Court
Date of Decision
27 February 2026
Judges
Justice V. Kameswar Rao & Justice Manmeet Pritam Singh Arora
Citation
Acts / Provisions
Facts of the Case
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Late Sepoy Udey Singh had a legally wedded first wife when he married the petitioner, Vidya Devi.
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No divorce was obtained during the lifetime of Udey Singh.
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Udey Singh died in 2011 while his first wife was still alive.
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The first wife died later in 2012.
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The petitioner claimed family pension under the Pension Regulations for the Army, 1961.
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Her claim was rejected by the Armed Forces Tribunal.
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The petitioner challenged the Tribunal’s decision before the High Court.
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She argued that after the death of the first wife, she should be treated as the lawful widow.
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She also relied upon an Office Memorandum issued under the CCS (Pension) Rules, 2021.
Issues
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Whether a woman whose marriage was solemnised during the subsistence of her husband’s first marriage is entitled to family pension?
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Whether the subsequent death of the first legally wedded wife can validate a marriage which was void at its inception?
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Whether Office Memoranda under CCS (Pension) Rules, 2021 can confer pensionary rights contrary to the Army Pension Regulations?
Judgement
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The High Court dismissed the writ petition.
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The Court held that Section 11 of the Hindu Marriage Act renders such a marriage a void marriage.
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It ruled that the death of the first wife does not validate an invalid marriage.
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The Court observed that the officer did not dissolve his first marriage during his lifetime.
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It held that only a lawfully wedded wife at the time of death can claim family pension.
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It found that the CCS (Pension) Rules, 2021 were inapplicable as the case was governed by the Army Pension Regulations.
Held
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The petitioner’s marriage was a void marriage.
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The petitioner was not entitled to family pension.
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The order of the Armed Forces Tribunal was upheld.
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The petition was dismissed.
Analysis
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The Court applied personal law principles to determine entitlement under service pension rules.
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It reinforced that a void marriage cannot become valid due to later events such as death of the first spouse.
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The decision ensures that family pension is restricted to legally recognised spouses.
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The judgment maintains harmony between family law and service law.
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It prevents misuse of pensionary benefits through equitable arguments.