In a courtroom packed with quiet anticipation, the High Court of Delhi on Tuesday dismissed a plea filed by Vidya Devi, who sought family pension as the widow of a former Army sepoy. The Division Bench made it clear that pension rights flow only from a legally valid marriage.
The petition challenged an earlier order of the Armed Forces Tribunal, which had declined her request.
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Background of the Case
Vidya Devi’s husband, Late Sepoy Udey Singh, had joined the Indian Army in March 1963 and served for over 16 years before retiring in October 1979. After retirement, he worked with the Atomic Minerals Directorate for Exploration and Research and later superannuated in 2002.
According to the petition, Vidya Devi married Udey Singh between 1970 and 1980 after migrating from Jammu and Kashmir to Udhampur. She stated that she later discovered he already had a legally wedded wife, Satwati Devi, in his native village in Haryana.
Despite this, she continued to live with him and had three children from the relationship. Udey Singh passed away on September 27, 2011.
After his death, Vidya Devi applied for family pension. The authorities rejected her claim, stating that her marriage was void because the first wife was alive at the time it was solemnised. Although the children were declared eligible earlier, her personal claim was denied.
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She then approached the Armed Forces Tribunal, which dismissed her application in November 2025. This led her to move the High Court.
Petitioner’s Arguments
Appearing for Vidya Devi, counsel argued that she had lived with the deceased for decades and was dependent on him. It was also pointed out that the first wife, Satwati Devi, passed away in May 2012 - after Udey Singh’s death.
The petitioner relied on the Supreme Court’s ruling in Shriramabai w/o Pundalik Bhave v. Captain, Record Officer, where pension benefits were granted to a second wife in certain circumstances.
Her counsel contended that after the death of the first wife, the pension rights should pass to her as the surviving spouse.
Court’s Observations
The Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora was not convinced.
Reading from the order in open court, the judges noted that under the Hindu Marriage Act, 1955, a marriage is valid only if neither party has a living spouse at the time of marriage. If a person marries during the subsistence of an earlier valid marriage, the second marriage is void.
“The widow who is entitled to family pension is the ‘wife’ who was lawfully married to the officer,” the Bench observed.
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The Court stressed that at the time of Udey Singh’s death in 2011, his first wife was alive and was legally recognised as his widow. She was therefore entitled to family pension under the Pension Regulations for the Army, 1961.
The judges also referred to the Supreme Court’s ruling in Raj Kumari v. Krishan, where it was held that pension is normally payable only to the legally wedded wife.
Distinguishing the Shriramabai case, the Bench explained that in that matter, the officer had divorced his first wife before cohabiting with the second woman. In contrast, Udey Singh never dissolved his first marriage.
“The demise of the first wife in 2012 would not make the petitioner’s marriage valid,” the Court said firmly.
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Decision
After examining the record, the High Court held that Vidya Devi’s marriage was void in the eyes of law because it was solemnised while the first marriage was still subsisting.
It concluded that the authorities were correct in rejecting her claim for family pension and that the Armed Forces Tribunal had rightly upheld that decision.
With these findings, the Court dismissed the writ petition, bringing the long-running pension dispute to a close.
Case Title: Vidya Devi v. Union of India & Ors.
Case No.: W.P.(C) 2333/2026
Decision Date: 18 February 2026
