2nd wife can get pension if 1st is dead: HC
‘Cohabitation Is Presumption Of Marriage’
TIMES NEWS NETWORK
Chennai:26.01.2020
The Madras high court has observed that family pension cannot be denied to the second wife of a pensioner, on the ground of invalid marriage, particularly when there has been cohabitation between the two for a long period of time. Justice Anand Venkatesh made the observation while directing the state government to extend the family pension benefit to the petitioner, who was the second wife of a government doctor.
“It is very easy to brand the petitioner as a concubine and deprive her of her livelihood. However, the fact remains that the petitioner had lived with the deceased for nearly 34 years. The petitioner also gave birth to three children. If the petitioner had made this claim when the first wife was alive, then obviously the petitioner will not be entitled for family pension, since her relationship is not recognized by law,” Justice Venkatesh said.
The march of law happens only while considering the cohabitation that continues after the death of the first wife.
This apart, the deceased himself had nominated the petitioner on May 11, 1999, to receive the family pension, the judge said.
Citing the Supreme Court judgment in Dhannilal’s case, which had held that law presumes in favour of marriage and against concubinage when a man and woman have lived together for a long time, Justice Venkatesh said that he was in complete agreement with the proposition of law that has been enunciated in the judgment.
Even in the present case, the first wife had died in 1997. Thereafter, the petitioner lived with the doctor till his death in 2009. During this period, it can be construed that the petitioner and the deceased were living as husband and wife and their long cohabitation itself raises that presumption of marriage, the court added. The judge then directed the authorities concerned to grant family pension to the petitioner within 12 weeks.
It can be construed that the petitioner and the deceased were living as husband and wife and their long cohabitation itself raises that presumption of marriage, the court said
‘Cohabitation Is Presumption Of Marriage’
TIMES NEWS NETWORK
Chennai:26.01.2020
The Madras high court has observed that family pension cannot be denied to the second wife of a pensioner, on the ground of invalid marriage, particularly when there has been cohabitation between the two for a long period of time. Justice Anand Venkatesh made the observation while directing the state government to extend the family pension benefit to the petitioner, who was the second wife of a government doctor.
“It is very easy to brand the petitioner as a concubine and deprive her of her livelihood. However, the fact remains that the petitioner had lived with the deceased for nearly 34 years. The petitioner also gave birth to three children. If the petitioner had made this claim when the first wife was alive, then obviously the petitioner will not be entitled for family pension, since her relationship is not recognized by law,” Justice Venkatesh said.
The march of law happens only while considering the cohabitation that continues after the death of the first wife.
This apart, the deceased himself had nominated the petitioner on May 11, 1999, to receive the family pension, the judge said.
Citing the Supreme Court judgment in Dhannilal’s case, which had held that law presumes in favour of marriage and against concubinage when a man and woman have lived together for a long time, Justice Venkatesh said that he was in complete agreement with the proposition of law that has been enunciated in the judgment.
Even in the present case, the first wife had died in 1997. Thereafter, the petitioner lived with the doctor till his death in 2009. During this period, it can be construed that the petitioner and the deceased were living as husband and wife and their long cohabitation itself raises that presumption of marriage, the court added. The judge then directed the authorities concerned to grant family pension to the petitioner within 12 weeks.
It can be construed that the petitioner and the deceased were living as husband and wife and their long cohabitation itself raises that presumption of marriage, the court said
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