Wives fight over dead man’s provident fund

NEW DELHI: A dead man’s father and two wives have been embroiled in a legal tussle since 14 years to claim their stake on his employment provident fund (EPF). The Supreme Court, however, brought an end to one of the litigations — between the first and second wife.

A bench headed by justice SJ Mukopadhyaya declared Govindraju’s (the deceased) second marriage void as it took place during the subsistence of the first. The court, however, permitted the child born out of the second relationship to a share.

However, the matter doesn’t end here. The court has also agreed to delve into Govindraju’s father’s contention that he was entitled to his son’s EPF as he was the sole nominee in the official records.

The case arises from Chennai where Govindraju married Pushpa in 1986. A child was born to the couple but owing to differences, Pushpa left the matrimonial home along with her son and started living with her parents.

Govindraju then married a woman named Rukmani in 1996. Till then he hadn’t divorced Pushpa. In 2000, he filed a divorce suit against her after a son was borne by his second wife.

During pendency of the divorce proceedings, Govindaraju died. Thereafter, the two wives of vied for his death benefits.

On October 29, 2004, a Salem court ruled that Pushpa and her son were entitled to 2/3rd share of EPF. One-third share was also allotted to Rukmani’s son. However, no share was given to the father who was the nominee.

Rukmani, however, challenged the order and was allotted 1/4th share. Govindraju’s father was also given a share.

Aggrieved, Pushpa appealed in the Madras HC which held Rukmani wasn’t entitled to any share as she was not a legally wedded wife. Her son’s right was declared intact. The HC even took away the father’s share.