The ruling came on a plea moved by the first wife (petitioner) of a Central Ground Water Board employee who died in service in 2024. The employee had two wives and was governed by Muslim personal law.
The first wife had approached authorities seeking family pension, death gratuity, and compassionate appointment.
The authorities withheld her claims after the deceased employee’s second wife also applied for the benefits. The department had acted on a divorce certificate issued by a Kazi (person dealing with Islamic marriages and divorces), to hold that the first wife was no longer married to the deceased employee.
The first wife, however, pointed out that the divorce certificate was later declared by the Kazi to be void after he found that the marriage between her and the deceased employee had been registered under the Special Marriage Act.