| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Service law : Pensionary benefi ts – Family pension |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Hindu Marriage Act, 1955 (25 of 1955) |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Issue for consideration : Whether the order passed by the High Courtdenying the appellants-mother and her children, the entitlement to receivethe pension payable on the demise of her husband-military personnel issustainable, where the military personnel contracted a marriage with theappellant and two children born from their relationship, during subsistenceof his marriage with the legally wedded wife but, subsequently a decreeof divorce was passed, dissolving the said marriage and meanwhile, themilitary personnel was discharged from service and granted service pension.Service law : Pensionary benefi ts – Family pension – Claim of,by woman cohabiting as wife with a government personnel – Denial ofclaim of family pension to the applicant and her children by the HighCourt – Sustainability of:Held : Not sustainable – Presumption ought to have been drawnin favour of the validity of the marriage between the deceased and theapplicant – More so, when during his life time, the military personnelsought deletion of the name of his previous wife from his service recordand endorsement of the name of the applicant, which was duly acted uponby the authorities – Also the ex-wife did not claim any family pension fromthe authorities – Furthermore, two children born to the applicant, have beenheld entitled to the estate of the military personnel by the High Court – Thus,the applicant entitled to receive the pension payable on the demise of themilitary personnel – Children entitled to the said relief till the age of 25 years – Order passed by the High Court set aside – Pension Regulation forthe Army, 1961 – reg 219(iii). [Paras 11, 16, 20 and 21, 22]Service law: Pensionary benefi ts – Family pension – Claim of, bythe woman cohabiting as wife with a government personnel:Held : If a man and woman cohabit as husband and wife for a longduration, there is a presumption in their favour that they were living togetheras a consequence of a valid marriage and claimant would be entitled tofamily pension. [Paras 11 and 21]Evidence Act, 1872 – s. 114 – Court may presume existence ofcertain facts – Man and woman cohabiting as husband and wife for along duration – Presumption u/s. 114:Held : There would be a presumption in favour of a marriage whenman and woman have continuously cohabited for a long spell – However,the presumption is rebuttable and can be rebutted by leading unimpeachableevidence – When there is any circumstance that weakens such a presumption,courts ought not to ignore the same – Burden lies heavily on the party whoseeks to question the cohabitation and to deprive the relationship of a legalsanctity. [Para 20] |
| Judge | Hon'ble Ms. Justice Hima Kohli |
| Neutral Citation | 2023 INSC 744 |
| Petitioner | Smt. Shiramabai W/o Pundalik Bhave And Others |
| Respondent | The Captain, Record Officer For O.i.c. Records, Sena Corps Abhilekh, Gaya, Bihar State And Anr. |
| SCR | [2023] 11 S.C.R. 130 |
| Judgement Date | 2023-08-18 |
| Case Number | 5262 |
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