The Bombay High Court observed that only the first wife of a man is entitled to have claim over his money if he has two wives as per law, on Tuesday. HC also said that children from all the marriages would have the right to get their father’s money.
The bench led by Justice Kathawalla was hearing a petition filed by the second wife of Suresh Hatankar, an assistant sub-inspector in the Maharashtra railway police force who died of COVID-19 on May 30. The state government. Two women, claiming to be Hatankar’s wives had laid claim over the 65 lakh compensation that the state government promises to the kin of police personnel who succumb to COVID-19 on duty. Hatakar’s daughter from his second marriage had approached the court to get a proportionate share in the compensation as it was necessary for the survival of her mother and herself. She claimed in her plea that she had the right to a family pension and death cum retirement gratuity as she was Hatankar’s child and her parent’s marriage was registered under the Hindu Marriage Act.
“The law says that the second wife might not get anything. But the daughter from the second wife, and the first wife and the daughter from the first marriage will be entitled to the money,” Justices SJ Kathawalla and Madhav Jamdar said after state counsel Jyoti Chavan submitted a similar judgement made by the Aurangabad court.
Hatankar’s first wife and daughter denied the claim made by his second wife and daughter that they knew about Shraddha and her mother and have been asked to file an affidavit by Thursday.
The court posted the matter for hearing on Thursday.
