An employee marries Wife 2 without divorcing Wife 1. After his death, who should get his gratuity?

​Under the Payment of Gratuity Act, 1972, gratuity distribution depends on nomination and the legal definition of "family" (Section 2(h)).

Key Legal Points:
Family Definition:

• A legally recognized wife, children, and dependent parents qualify.
• Polygamy is generally invalid (except under Muslim personal law).

Nomination Rules (Section 6):

• If Wife 2 was nominated but not legally recognized, the nomination may be void.
• If no nomination exists, gratuity is paid to legal heirs.

Who Gets the Gratuity?

• For Hindus/Christians/Sikhs (Monogamous Laws) → Only Wife 1, children, and parents qualify. Wife 2 has no legal claim.
• For Muslims (Polygamy Allowed) → Both wives, children, and parents may claim.
• If Wife 2 was nominated → The nomination might still be void if she wasn’t a legally recognized spouse.

Conclusion:
Legally recognized heirs (Wife 1, children, parents) are entitled unless:

• The employee belonged to a polygamy-permitted community.
• A valid nomination existed (but could be contested).

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Shekar Ganagaluru's Books

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K. VITTALA RAO's HR Books