Voluntary Compromise Valid: Himachal Pradesh High Court Orders Equal Pension Share To First & Second Wife Of Deceased Govt Employee
A Letters Patent Appeal was filed by the first wife of late retired Assistant Sub-Inspector from the Police Department.
The Himachal Pradesh High Court has held that family pension of a deceased government employee can be shared equally between his first and second wife if both parties voluntarily agree to such a settlement.
A Letters Patent Appeal was filed by the first wife of late retired Assistant Sub-Inspector from the Police Department.
A Division Bench comprising Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma held, “since the parties have arrived at compromise, as such, we are of the considered opinion that the present appeal is liable to be allowed and impugned judgment dated 15.07.2024, passed by the learned Single Judge is liable to be set aside. Ordered accordingly.”
Advocate Vijay Singh Bhatia appeared for the Petitioner and Additional Advocate General Gobind Korla appeared for the Respondent.
Background
She had married him in 1970, and the couple had a daughter in 1976. They later separated. He subsequently married second wife in 1979, and had four children from the second marriage. Upon his death, the Accountant General sanctioned family pension in favour of second wife, as her name was recorded in the official service records. First wife, claiming to be the legally wedded wife, sought a share in the pension benefits but her request was denied. Her writ petition before the High Court was dismissed by a Single Judge in 2024, which led her to file an appeal before the Division Bench.
During the pendency of the appeal, both expressed their willingness to amicably resolve the matter. They appeared before the Registrar (Judicial) and recorded their statements, agreeing to equally share the pension amount. First wife submitted that she was ready to settle the dispute and accept 50% of the pension, while second wife also stated that she was willing to share the pension equally and that her statement was given voluntarily, without any pressure, fear, or misrepresentation.
Finding
The High Court observed that a fair and voluntary compromise had been reached. The Bench noted that although pensionary benefits had initially been granted to second wife due to her name being recorded in the service documents, both parties had now mutually agreed to an equal distribution of the pension. The Court found this to be a valid and lawful resolution of the dispute.
Setting aside the judgment of the Single Judge, the Division Bench directed, “The State shall accordingly take steps to revise the pension case of the appellant and private respondent No.4 and grant them pension equally, in view of the compromise effected. 10. The needful be done within four weeks from today, after completion of all codal formalities, including providing of the Savings Bank Account Number of the appellant in which 50% of the pension has to be deposited.”
Cause Title: Kamla Devi v. State of Himachal Pradesh & Ors., [Neutral Citation: 2025:HHC:31014-FB]
Appearance:
Petitioner: Advocate Vijay Singh Bhatia.
Respondents: Advocate Vijay Chaudhary, Additional Advocate General Gobind Korla
