• Widow marry after compassionate appointment in Telangana state

Sir , My question is can widow marry again after compassionate appointment in Telangana state?
Is their any specific period to go for marriage?
Who will come under family for her (she doesn't have child) , does she need to look after died husband mother in law after marriage ?please advice
Asked 7 years ago in Family Law
Religion: Hindu

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12 Answers

The Supreme Court recently in the month of August permitted a widow to continue with her job which she got as compassionate appointment despite her remarriage. This was done though the rules were to the contrary saying that widow's compassionate appointment be terminated upon her remarriage.

The only condition the Court had imposed was that she'll have to contribute 50% towards her children from her deceased husband.

Likewise, as long as you're ready to maintain your mother in law, there should be no imped for you as well.

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

widow is at liberty to remarry after being appointed on compassionate appointment

2) widow has to take care of her aged in laws as they were dependent of her deceased husband

3) you have been granted appointment on compassionate grounds to take care of the dependents of your deceased husband

Ajay Sethi
Advocate, Mumbai
97330 Answers
7864 Consultations

In Umesh Kumar Nagpal v. State of Haryana (1994) 4 SCC 138.

, the Hon'ble Supreme

Court has discussed in detail regarding the object of compassionate

appointments in dying in harness case. The Supreme Court observed:

"The whole object of granting compassionate employment is

thus to enable the family to tide over the sudden crisis. The

object is not to give a member of such family a post much

less a post for post held by the deceased. What is further,

mere death of an employee in harness does not entitle his

family to such source of livelihood. The Government or the

public authority concerned has to examine the financial

condition of the family of the deceased, and it is only if it is

satisfied, that but for the provision of employment, the family

will not be able to meet the crisis that a job is to be offered to

the eligible member of the family. The posts in Classes III

and IV are the lowest posts in non-manual and manual

categories and hence they alone can be offered on

compassionate grounds, the object being to relieve the

family, of the financial destitution and to help it get over the

emergency. The provision of employment in such lowest

posts by making an exception to the rule is justifiable and

valid since it is not discriminatory. The favourable treatment

given to such dependant of the deceased employee in such

posts has a rational nexus with the object sought to be

achieved, viz., relief against destitution. No other posts are

1 (1994) 4 SCC 138.

37

expected or required to be given by the public authorities for

the purpose. It must be remembered in this connection that as

against the destitute family of the deceased there are millions

of other families which are equally, if not more destitute. The

exception to the rule made in favour of the family of the

deceased employee is in consideration of the services

rendered by him and the legitimate expectations, and the

change in the status and affairs, of the family engendered by

the erstwhile employments which are suddenly upturned."

2) after remarriage you would still be liable to take care of your deceased husband parents as they were dependent on their son

Ajay Sethi
Advocate, Mumbai
97330 Answers
7864 Consultations

sister has got appointment on compassionate grounds on her husband demise

brother has to maintain his mother not his widowed sister

he would not lose his job if he fails to maintain his widowed sister

Ajay Sethi
Advocate, Mumbai
97330 Answers
7864 Consultations

1. Getting a compassionate appointment is no bar to the remarriage of a widow. It would be the most brutal annihilation of the right to life and liberty of a widow if she were to be given compassionate appointment on the condition that she will not remarry.

2. She is under no obligation to look after her mother-in-law after her husband's demise.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

Hi, you can remarry as per your convinience .. There is no specific time period that is prescribed ..

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

Even if you remarry then also you will have to take care of the mother and father of the deceased husband, there is no legal impediment for you to re-marry. This has has also been reiterated by the Hon'ble Apex Court recently in one of the judgement.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

If you have also picked up a Job on compassionate ground, where's the question of your brother supporting you ? Don't you earn for self?

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

The brother will not lose the job on the ground as mentioned by you, brother is under the duty to maintain his parents.

Also please take note of the fact that if you fail to take care of the parents of the husband after getting compassionate appointment they challenge the same easily.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

The widow can marry after getting an employment under compassionate grounds.

She may not be eligible for employment if she remarries before getting an employment on compassionate grounds.

She can remarry after getting the employment.

She is not bound to look after her parents in law in the absence of her husband

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

Send me the recent judgements related to this question in Telangana state..not other states

You dont have to rely on any judgment for a very clear position of law.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

Her Brother got job on compassionate appointment in Telangana after her father died,by that that time she was not married and gave NOC to her Brother to look after her and her mother..after few years she married and her husband died and she also got appointment on compassionate grounds in the same state .Now she is the widow and staying with mother and her Brother..my question is her Brother is liable to look after his sister as a widow , if he neglects her sister to full filling the obligations of women , will he loose the job?

Her brother is not bound to take care of her even though she might have given NOC for his compassionate grounds appointment.

There is no question of neglecting his obligations towards his sister, there is no law for this.

Your imaginations do not find place in law.

He cannot lose his job just becasue he is not taking care of his sister.

He is not responsible for his sister's welfare or maintenance.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

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