Child born out of second marriage will be legitimate and would be eligible for employment on compassionate grounds: Chhattisgarh High Court - Synopsis
Lakshay Parmar 16 Mar 2020

In a major judgment the Chhattisgarh High Court declared that the child born out of a second marriage will be deemed legitimate and thus also liable for appointment on compassionate ground.

A division bench consisting of Chief Justice P Ramchandra Menon and Justice Sanjay K Agrawal dismissed the Railways ' written petition arguing that the respondent was a daughter of the deceased railway staff's second wife and hence could not be regarded as a right of compassionate appointment because the administration had not approved the father for his second marriage (in the case of a second marriage).

The respondent’s counsel contented that the daughter from the second wife is still a legitimate child and must be given every right to compassionate employment and further stated that the writ petition by railways be dismissed.

However, the petitioner maintained that the second marriage is not admissible, which is also explained in the terms and conditions specified in the initial appointment bid. Therefore, the cases of the second widow's compassionate appointment or her wards can not be referred to the Railway Board. The court, however, noted that the child born out of the second marriage is still a valid child and is entitled to the compassionate position, while the marriage can be considered null and void.

“Citing Section 16 of the Hindu Marriage Act, 1955, a child born of a marriage entered into while the earlier marriage remains valid, it would not be open to the State to exempt such a child from obtaining the benefit of compassionate appointment, in accordance with Article 14”. Such an exclusion requirement is arbitrary and ultra vires, imposed by the court.


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