Government Clarifies Family Pension Eligibility in Case of Multiple Wives — New Rules Issued
The Central Government has issued a crucial clarification regarding the family pension distribution rules for government employees who have more than one wife. The Department of Pension and Pensioners’ Welfare (DoPPW), under the Ministry of Personnel, Public Grievances, and Pensions, released an official memorandum (O.M. No. 1/1(33)/2024-P&PW(K)/9629) dated October 27, 2025, addressing how family pension should be allocated in such cases. The clarification reiterates specific provisions under Rule 50 of the Central Civil Services (Pension) Rules, 2021.
Only Legally Married Spouses Are Eligible
The DoPPW has made it explicitly clear that under Rule 50(6)(1), the term “widow” or “widower” refers only to a legally wedded spouse. This means that family pension benefits can be claimed solely by a spouse whose marriage to the deceased employee was legally valid under the law applicable at the time of marriage.
If the deceased employee had two wives, the legality of the second marriage becomes crucial. For instance, if the employee is governed by the Hindu Marriage Act, 1955, a second marriage while the first wife is still alive is considered void and illegal. Therefore, in such cases, the second wife is not entitled to family pension unless the marriage is recognized as valid under personal or special laws.
Equal Distribution When Both Marriages Are Legal
Under Rule 50(8)(c) of the CCS (Pension) Rules, 2021, if both marriages are legally recognized, the family pension shall be divided equally between both widows. However, if one widow dies or becomes ineligible for any reason, her share of the pension will pass on to her eligible children as per the rules.
The DoPPW emphasized that this provision ensures fairness and continuity in pension benefits to dependent family members. Departments must ensure accurate verification of legal status before processing such claims.
Hindu Marriage Act and Its Implications
The clarification particularly addresses confusion surrounding cases involving Hindu employees. According to the Hindu Marriage Act, 1955, marrying another person while the first marriage is still valid is illegal. Such an act also violates Rule 50 of the CCS (Pension) Rules, 2021, which recognizes only legal spouses for pension benefits.
In situations where disputes arise, the DoPPW has instructed departments to handle cases with utmost caution and seek legal consultation when required. Any report or affidavit submitted before tribunals or courts must strictly adhere to government rules and guidelines.
Legal Consultation Made Mandatory
The government has directed that in all cases where a deceased government employee had two wives, the concerned department must seek legal advice from the Department of Legal Affairs before making any decision on pension disbursement.
Additionally, pension officers and administrative heads of the concerned ministry or department must be informed about such cases to ensure consistent application of the law across all government offices.
Priority Order for Family Pension
The government has also reaffirmed the priority sequence for family pension eligibility under Rule 50(6) of the CCS Pension Rules:
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Widow or Widower: This includes a spouse married after the employee’s retirement or those legally separated but not remarried.
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Children: This covers biological, adopted, and stepchildren, including those born after the employee’s retirement.
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Dependent Parents: In the absence of a spouse or eligible children, parents dependent on the employee are next in line.
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Dependent Siblings: Finally, mentally or physically challenged dependent brothers or sisters may receive the pension if no other eligible family member is alive.
Enhanced Family Pension After Retirement
The DoPPW has also clarified that if a retired government employee passes away, the family will receive enhanced family pension benefits. Under Rule 50(2)(a)(iii), this enhanced rate is payable either for seven years from the date of death or until the employee would have turned 67 years old — whichever comes earlier.
This rule applies uniformly to all categories of central government employees, including those who retire at the age of 65, such as Central Health Service (CHS) doctors.
Key Takeaway
The government’s clarification eliminates confusion in cases involving multiple marriages and ensures a uniform interpretation of the family pension rules. By reaffirming that only legally wedded spouses and eligible dependents can claim pension benefits, the DoPPW aims to bring greater transparency, fairness, and legal certainty to the pension disbursement process.
Government departments have been advised to handle such sensitive cases with due diligence and obtain legal advice when necessary to prevent future disputes.
