Family Pension for Two Wives: CCS Rules Guide - P&PW OM No. 1/1(33)/2024-P&PW(E)/9629 dated 27.10.2025

File No.: No. 1/1(33)/2024-P&PW(E)/9629

Issuing Authority: Government of India, Ministry of Personnel, PG & Pensions, Department of Pension & Pensioners’ Welfare

Document Type: Office Memorandum

Date: October 27, 2025

Case Mark for Download File : OM No. 1/1(33)/2024-P&PW(E)/9629 dated 27/10/2025

Subject: Settlement of Family Pension between two wives of a Government Servant or Pensioner under Central Civil Services (Pension) Rules, 2021

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Summary of Content:

Reference: This memorandum refers to an earlier OM of the same number dated October 10, 2024.

Relevant Rule: The issue is governed by Rule 50 of the Central Civil Services (Pension) Rules, 2021, which deals with the payment of family pension.

Order of Precedence for Family Pension: As per Rule 50(6), family pension is payable to family members in the following order:

(i) Widow or widower (including a post-retiral spouse and a judicially separated spouse).

(ii) Children (including adopted, step-children, and children born after retirement).

(iii) Dependent parents (including adoptive parents).

(iv) Dependent siblings suffering from a mental or physical disability.

Definition of Spouse: The explanation to the rule clarifies that 'widow' and 'widower' mean a spouse legally wedded to the deceased.

Provisions for Multiple Widows: Rule 50(8)(c) specifically addresses cases with more than one widow:

The family pension shall be paid to the widows in equal shares.

On the death or ineligibility of a widow, her share becomes payable to her eligible child/children.

Legal Position and Administrative Guidance:

• Having a second wife while the first wife is alive is illegal under the Hindu Marriage Act, 1955 and is contradictory to the CCS (Pension) Rules.
• Administrative authorities must apply their minds carefully while examining such cases and interpreting the rules.
• Replies for tribunals/courts in case of disputes must be prepared in accordance with the rules and extant guidelines.
• Mandatory Consultation: All Ministries/Departments are instructed to consult the Department of Legal Affairs before making any decision regarding the settlement of family pension between two wives. Such cases must be brought to the notice of the concerned pension benefits officer.

Key Takeaway:

This office memorandum clarifies that if a government servant or pensioner is survived by more than one wife who was legally wedded to him, the family pension is to be shared equally among them. However, it strongly reiterates that such a situation (bigamy) is illegal under Indian law. All administrative decisions in these cases must be made after mandatory consultation with the Department of Legal Affairs.

Download P&PW OM No. 1/1(33)/2024-P&PW(E)/9629 dated 27/10/2025 in PDF from Official Site