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No job on compassionate ground for second wife's children: HC

Bangalore, Augst 29, 2013, DHNS:

 The High Court on Thursday held that jobs on compassionate grounds cannot be given to the son or daughter from the second wife of the deceased government servant, even if there is no objection from the first wife.

“If the employee gets a second wife during the lifetime of the first wife, the children through such second wife cannot be considered as dependent members of the family for appointment on compassionate grounds,” the Division Bench comprising Justices N Kumar and Suri Appa Rao observed while upholding a similar order passed by a single judge.

Kalegowda, a lineman with Karnataka Power Transmission Corporation Limited, died while in service, in 2004. Since his wife Nanjamma was unable to conceive, Kalegowda married married Huchchamma who gave birth to a son, named Mahesha. After the death of Gowda, Mahesha had sought job on compassionate ground and the KPTCL had rejected the application.

Void marriage

The second marriage, when the spouse is living was held to be void under section 5 (1) of the Hindu Marriage Act. 1955.

The legitimacy of the children of void marriages as provided under the Act is only for purpose of claiming the rights in or to the property and not for claiming any other rights, the Division Bench noted.


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