RAMESHWARI DEVI Vs. STATE OF BIHAR AND OTHERS

Deciding Authority : Supreme Court
Date of Judgement : 27/01/2000
Bench : D.P.Wadhawal, S.N.Phukan
Facts : Dispute concerns to payment of family pension and death-cum-retirement gratuity to two wives of Narain Lal, who died in 1987 while posted as Managing Director,Rural Development Authority of the State of Bihar. Appellant is the first wife. Narain Lal is stated to have married second time with Yogmaya Devi on April 10,1963 while the appellant was still alive. From the first marriage he had one son and from the second marriage four sons born in 1964, 1971, 1972 and 1976. Learned single Judge in his judgment held that children born to Narain Lal from the wedlock with Yogmaya Devi were entitled to share the family pension and death-cum-retirement gratuity and further that family pension would be admissible to the minor children only till they attained majority. He also held that the second wife Yogmaya Devi was not entitled to anything. Appeal by the first wife Rameshwari Devi against the judgment was dismissed by the Division Bench. According to her there was no marriage between Narain Lal and Yogmaya Devi and the children were, therefore, not legitimate.
Judgement : Stand of the State Government is that Rameshwari Devi was the legally married wife of Narain Lal. He married again to Yogmaya Devi in April, 1963 and that the marriage with Yogmaya Devi was against the provisions of law as contained in Sections 5 and 11 of the Hindu Marriage Act, 1955. It was, therefore, a void marriage. Second wife had thus no status and could not claim any share from the estate of Narain Lal as per the provisions of Hindu Succession Act, 1956. Accordingly State Government sanctioned family pension and gratuity to Rameshwari Devi by its order dated August 22, 1995. By this order the State Government cancelled its previous two orders dated September 23, 1993 and October 6, 1993. Group insurance and final withdrawal of GPF had already been sanctioned to Rameshwari Devi.
However, in compliance with the order of the High Court dated April 26, 1996 in writ petition filed by Yogmaya Devi family pension, gratuity, GPF, pay for unutilised leave and group insurance were sanctioned to Rameshwari and her son and minor sons of Yogmaya Devi.
Rameshwari Devi has disputed the very factum of marriage between Narain Lal and Yogmaya Devi. Her case is that nothing has come on record to show that there was any valid marriage solemnized as per Hindu law between Yogmaya Devi and Narain Lal. Yogmaya Devi says that from the time of her marriage with Narain Lal in April, 1963 she has been continuously living with Narain Lal as his wife. At the time of her marriage she had no knowledge if Narain Lal had earlier been married. She has referred to various judgments of this Court to show that when two persons are living together for long years as husband and wife, in such circumstances, even in absence of proof, a presumption of valid marriage between them would arise. She says nothing has been brought on record to rebut that presumption. In Badri Prasad vs. Dy. Director of Consolidation & Ors. [(1978) 3 SCC 527] this Court said that a strong presumption arises in favour of wedlock where the partners have lived together for a long spell as husband and wife. Although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of legal origin. Law leans in favour of legitimacy and frowns upon bastardy. The Court further observed that if men and women who live as husband and wife in society are compelled to prove, half a century later, by eye-witness evidence that they were validly married, few will succeed. There have been various other judgments of this Court holding where a man and a woman live together for long years as husband and wife then a presumption arose in law of legality of marriage existed between the two, though the presumption is rebuttable.
Mr. Dubey, counsel for Rameshwari Devi, submitted that inquiry conducted by the State Government as to the marriage of Narain Lal with Yogmaya Devi was incompetent as there was no lawful authority with the State Government to hold such an inquiry. It was for Yogmaya Devi to establish her right of her being married to Narain Lal in a court of law. Mr. Dubey said under the relevant Conduct Rules applicable to Narain Lal he could be charged with misconduct of his having married a second time during the life time of his first wife. It is only in that circumstance when there is charge of misconduct there could be an inquiry as to the marriage of Narain Lal with Yogmaya Devi. The Court placed its reliance on State of Karnataka and another vs. T. Venkataramanappa (1996 (6) SCC 455) and State of W.B. and others vs. Prasenjit Dutta (1994 (2) SCC 37).
But then it is not necessary for us to consider if Narain Lal could have been charged of misconduct having contracted a second marriage when his first wife was living as no disciplinary proceedings were held against him during his lifetime. In the present case, we are concerned only with the question as to who is entitled to the family pension and death-cum-retirement gratuity on the death of Narain Lal. When there are two claimants to the pensionary benefits of a deceased employee and there is no nomination wherever required State Government has to hold an inquiry as to the rightful claimant. Disbursement of pension cannot wait till a civil court pronounces upon the respective rights of the parties. That would certainly be a long drawn affair. Doors of civil courts are always open to any party after and even before a decision is reached by the State Government as to who is entitled to pensionary benefits. Of course, inquiry conducted by the State Government cannot be a sham affair and it could also not be arbitrary. Decision has to be taken in a bona fide reasonable and rational manner. In the present case an inquiry was held which cannot be termed as sham. Result of the inquiry was that Yogmaya Devi and Narain Lal lived as husband and wife since 1963. A presumption does arise, therefore, that marriage of Yogmaya Devi with Narain Lal was in accordance with Hindu rites and all ceremonies connected with a valid Hindu marriage were performed. This presumption Rameshwari Devi has been unable to rebut. Nevertheless, that, however, does not make the marriage between Yogmaya Devi and Narain Lal as legal. Of course, when there is a charge of bigamy under Section 494 IPC strict proof of solemnisation of the second marriage with due observance of rituals and ceremonies has been insisted upon.
Held : Appeal Dismissed .
By Tejasv Anand , IV th Year , AMITY LAW SCHOOL DELHI .