Offspring From An Illegitimate Marriage Of Deceased Also Entitled To Family Pensionary Benefit: Gauhati High Court
31 oct 2020
A Single Bench of Justice Achintya Malla Bujor Barua of the Gauhati High Court entitles offspring of an illegitimate marriage of a deceased to the family pensionary benefit of such deceased while hearing a petition filed by one Nikita Sutar, minor daughter of the second wife of the deceased, Chandra Chetry Sutar.
The bench stated a Supreme Court case of Rameshwari Devi v. State of Bihar & Ors., (2000) 2 SCC 431, where the Supreme Court held that since under Section 16 of the Hindu Marriage Act, children of void marriage are legitimate, therefore, they will have entitlement over their deceased father's property.
Given the law laid down by the Supreme Court in this case, the High Court entitled the petitioner to the deceased's pensionary.