HC grants family pension to woman in void marriage

Shimla: Emphasising a humane and inclusive interpretation of pension laws, the Himachal Pradesh high court has allowed an appeal seeking family pension, holding that financial support cannot be denied to a woman solely because a marriage is legally void when long cohabitation and economic dependence are established.A division bench comprising chief justice Gurmeet Singh Sandhawalia and justice Bipin Chander Negi set aside a single judge's order that rejected the appellant woman's claim for family pension following the death of her partner, Jai Ram, a retired foreman of state electricity board who passed away in 2020."The appellant belongs to a marginalised section of society. Hence, it becomes the bounden duty of this court to advance the constitutional vision of social justice. The approach to be adopted is one of social justice adjudication as opposed to a purely adversarial approach," reads the judgment authored by Justice Negi. "An interpretation which reduces the subordinate legislation to a futility should be avoided, and a view that the rule-making authority made the rule only for the purpose of bringing about an effective result should be adopted," emphasised the court. The appellant woman claimed she married Jai Ram in 1994 after obtaining a customary divorce from her previous husband. Jai Ram's first wife also died in 1993. The appellant relied on an affidavit by the deceased and entries in the Parivar Register to establish the relationship. However, a 2012 judgment by Shimla district court in proceedings under the Hindu Marriage Act, 1955, held that no valid marriage existed, as her earlier marriage was subsisting at the time, rendering the subsequent union void. The division bench noted that although such a marriage violates Section 5(i) of the Act and is legally invalid, it is not immoral. Citing precedents of Supreme Court judgments, including Rameshchandra Rampratapji Daga vs Rameshwari Daga and Richa Sharma vs State of Chhattisgarh, the court stressed that women in such relationships may still be entitled to maintenance and financial protection. The high court highlighted that the couple cohabited for 12 years, giving rise to a presumption of marriage under Section 114 of the Indian Evidence Act, 1872, though rebuttable. It also noted that the appellant woman was earlier nominated in the deceased employee's service records, and no competing claims were raised by the deceased employee's children from his first marriage. Referring to Rule 50(8) of the Central Civil Services (Pension) Rules, 2021, the division bench underlined that the objective of family pension aligns with maintenance and social welfare. MSID:130605025 413 |