In Brief
Tulsa Devi Nirola, the first wife of a deceased, challenged the grant of family pension exclusively to the second wife under Sikkim Services rules. The Supreme Court upheld the grant to the second wife, holding that the right to family pension by a first wife in polygamous relationships is conditional, not absolute. Since the deceased resided exclusively with the second wife, nominated her alone for pension, and the first wife had accepted a settlement deed regarding his properties, no equal claim arose. The Court dismissed the appeal while noting it would have balanced equities by granting the first wife a share in properties had no settlement deed existed.
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