Family Pension Rules for Two Wives Explained: DoPPW Issues Fresh Clarification
The Department of Pension and Pensioners’ Welfare (DoPPW), under the Ministry of Personnel, Public Grievances and Pensions, has issued a new clarification through its Office Memorandum dated 27 October 2025.
This clarification addresses an issue that often creates administrative and legal confusion — the settlement of family pension between two wives of a Government servant or pensioner.
Let’s understand what the new OM says, why it was needed, and how it impacts family pension cases under the Central Civil Services (Pension) Rules, 2021.
Background
Under the CCS (Pension) Rules, 2021, Rule 50 defines how family pension is distributed after the death of a government servant or pensioner.
While the rule lists widows, widowers, children, parents, and dependent siblings as eligible family members, certain cases involving multiple spouses have led to disputes and confusion at the department level.
DoPPW had already issued an earlier clarification on 10 October 2024, but frequent queries continued to pour in from various Ministries and Departments. This prompted the Department to reiterate the rule position once again through the latest OM.
Key Provisions of Rule 50 Explained
According to Rule 50(6) of the CCS (Pension) Rules, 2021:
- Family pension is payable in the following order:
- Widow or widower (including judicially separated spouse or post-retiral spouse)
- Children (including adopted or stepchildren)
- Dependent parents
- Dependent disabled siblings
The Explanation to this rule clearly defines widow and widower as legally wedded spouses. This means that only a legally valid marriage is recognized for pensionary benefits.
What Happens If There Are Two Wives?
As per Rule 50(8)(c):
“Where the deceased Government servant or pensioner is survived by more than one widow, the family pension shall be paid to the widows in equal shares…”
However, this clause applies only when both marriages are legally valid.
The latest OM reminds that, under the Hindu Marriage Act, 1955, having a second wife while the first wife is still alive is illegal. Hence, the second marriage — and consequently, the claim to family pension — cannot be recognized under the law.
Clarification from the Department
The OM emphasizes that:
- Having a second wife during the lifetime of the first wife violates the Hindu Marriage Act.
- Such a relationship also contradicts the provisions of CCS (Pension) Rules, 2021.
- Therefore, only a legally wedded spouse is eligible for family pension benefits.
- Administrative authorities must apply their own judgment carefully while examining such cases.
In case of any disputes, departments should prepare replies or court briefs strictly in line with CCS Pension Rules and existing legal guidelines.
Consultation Before Final Decision
To ensure uniformity, the OM directs all Ministries and Departments to consult the Department of Legal Affairs before making any final decision in such pension cases.
Subordinate offices must also report such cases to the officer handling pensioners’ benefits in their Ministry or Department.
Bottom Line
This latest clarification by DoPPW reaffirms the legal sanctity of marriage under the pension rules.
Only legally wedded spouses are entitled to family pension — even if there are multiple claimants.
Departments are advised to consult legal authorities before finalizing any decision to avoid disputes and ensure compliance with the CCS (Pension) Rules, 2021.
📄 Official Document (PDF):
[Download OM – Family Pension between Two Wives (27 Oct 2025)]