2003 (10) TMI 609

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....ich was given to him on 24.10.1978, with the condition that as soon as a child is born, his relation with the second wife shall cease. With this permission he married one Kaushalya Devi. Petitioner was born to Kaushalya Devi on 30.12.1980. Sri Satai died in harness on 19.11.2000. It is alleged that there was a settlement between Smt. Satina Devi and Kaushalya Devi on 1.7.2002, under which Smt. Satina Devi was made entitled to and is receiving the retiral dues, and that petitioner shall be entitled to compassionate appointment, to which Satina Devi, will have no objection. 3. Petitioner applied for compassionate appointment under U.P. State Electricity Board Appointment of Dependents of Employees of Board (Dying-in-Harness) Rules, 1975. A....

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....he Rules of 1975 define 'family' of the deceased employees of the Board to include, (i) husband and wife (ii) son, which will also include adopted son in respect of Hindu employee, and (iii) unmarried daughters and widowed daughters. 7. A second marriage during the life time of a living spouse, is void. Section 11 of the Hindu Marriage Act, 1955 declares such a marriage in contravention of Section 5(i) as null and void. The legitimacy of child is, however, protected under Section 16 of the Act which is quoted as below : "16. Legitimacy of children of void and voidable marriages.--(1) Notwithstanding that marriage is null and void under Section 11, any child of such marriage who would have been legitimate, if the marriage had been vali....

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.... decree. This section, however, does not save the marriage or extends the protection to the mother. 9. Though a child born out of marriage which is null and void under Section 16, quoted as above is legitimate, Sub-section (3) of Section 16 restricts his rights in or to the property of any person, other than the parents, in any case where, but for the amendment Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents. 10. Right to compassionate appointment is not a right to property of the deceased employee. The parents of a child referred to under Section 16(3) are his parents who have entered into a void or voidable marriage. We are concerned ....