Who is entitled to Dharmendra's pension, will it be divided between Hema Malini and Prakash Kaur?

News Topical, Digital Desk : Veteran Hindi cinema actor Dharmendra passed away on November 24th. He was a prolific actor and a member of Parliament from the state assembly. He was also married twice: his first wife was Prakash Kaur and his second wife was Hema Malini. This raises the question of which of his two wives will receive his pension.

When an MP has two wives, then after his death, who among the two will get the government pension or who will be legally entitled to this pension, let us know what the rules say and who will get Dharmendra's pension.

What are the rules for giving pension?

According to pension rules, the pension rights of a former MP are only given to his legally married wife. If a marriage is not legally valid, then she will not be entitled to the pension. However, Dharmendra's case is complicated because he married twice. His first marriage was with Prakash Kaur, which he conducted according to Hindu customs. However, when he married Hema Malini for the second time, he did not divorce Prakash Kaur. In fact, according to reports, he converted to another religion.

Which of the two wives will be entitled?

Under the Hindu Marriage Act, 1955, if a man marries a second time while his first wife is alive and without a divorce, it is not legally valid. In such cases, the pension is only entitled to the first wife; the second wife has no right to this pension.

Therefore, legally, only Dharmendra's first wife, Prakash Kaur, is entitled to the actor's pension, as their marriage was conducted under the Hindu Marriage Act and was never dissolved, meaning there was no divorce. Although both marriages in Dharmendra's case are socially accepted, in this situation, Prakash Kaur is entitled to the pension because the first marriage was conducted under the Hindu Marriage Act and she was not granted a divorce for the second marriage.

What does the law of division say?

Under the CCS (Central Civil Services) rules governing MPs' pensions, if a man has two legally wedded wives, the pension is split 50-50. However, this rule doesn't apply in Dharmendra's case, as Prakash Kaur is legally considered Dharmendra's legal wife. Because when a first marriage is solemnized under the Hindu Marriage Act and the second marriage is entered into without a divorce, the second marriage is not legally valid (even if the person converts to another religion for the second marriage, as Dharmendra reportedly did). Even in such a case, the first wife is entitled to the pension.

Read More: Who is entitled to Dharmendra's pension, will it be divided between Hema Malini and Prakash Kaur?