( 1 ) THE brief facts leading to this appeal are B. K. Sridhara Murthy was an employee in the Controllerate of Inspection Electronics, Ministry of Defence, Bangalore as chargeman Grade I. He died due to cardiac arrest on 3-9-1989 at Bangalore. The appellant is class I heir to the deceased B. K. Sridhara Murthy to claim the terminal benefits/assets left by her son B. K. Sridhara Murthy. She filed P. and S. C. 3/90 on the file of the 6th Addl. City Civil and Sessions Judge, Metropolitan area, Bangalore City. She also arrayed Smt. S. Shylaja as 4th respondent as she claimed that she is the wife of the deceased and she is entitled for the share in terminal benefits and other assets of the deceased. Thereafter, the respondents 3 to 4 who are employees of the deceased have not seriously contested the petition. However, the 4th respondent filed objections and she also claimed that she is entitled for share in the assets of the deceased. The learned Judge after assessing the evidence adduced by both the parties, has come to the conclusion that the 4th respondent is the legally wedded wife of the deceased and therefore, she is also entitled to the family pension as the wife of the deceased and accordingly, he passed the following order :"the petition is allowed in part and it is ordered that the petitioner be granted Succession Certificate in respect of half of the assets left by the deceased except in respect of the family pension as wife only is entitled to the family pension. Certificate be issued after requisite Court-fee is furnished by the petitioner. The succession certificate to the extent of half share of the petition schedule items be issued to the respondent No. 4 on production of requisite Court-fee according to law. She is also entitled to the pension benefits which has accrued to the estate of her husband. "the appellant has questioned the order in so far as it relates to the granting relief in favour of the 4th respondent in this appeal.

( 2 ) HEARD the learned counsel for the respective parties.

( 3 ) THE learned counsel for the appellants has vehemently argued that the finding of the Court below is contrary to the well settled principle of law. While emphasising the argument, he contended that it is incumbent on the R-4 to establish the valid marriage by producing cogent and convincing evidence to the ceremonies which are prevailing in their community. He also further argued that the contention of the respondent that she married the deceased on 15-10-84 having not been proved, she is not entitled for any benefit. He also further submitted that even they were living together itself is not sufficient to prove the valid marriage. Therefore, the appeal deserves to be allowed setting aside the order passed by the Court below.

( 4 ) REPELLING this argument, the learned counsel for the respondent contended that the deceased was living with R-4 for quite a long time along with his parents. He also expressed his desire to marry her in the year 1983 itself. The deceased has declared R-4 as his wife in a declaration filed as required under the rules. He has also informed the banks and other institutions that R-4 is the nominee. The voter's list also discloses that she is his wife and living along with his family members. Everyone treated her as his wife and even condolence messages were sent to her on his death. That being the strong circumstances in favour of the respondent, merely because the witnesses are not examined to prove his ceremonies performed in the temple in regard to their marriage itself is not sufficient to dispel the finding of the Court below. Therefore, the appeal is liable to be dismissed.

( 5 ) IT is an undisputed fact that the appellant is the mother and the deceased Shridhar Murthy is her eldest son and he was working in the Department as mentioned above. The R-4 also was working in the same office for over 13 years. He had not married any other lady and he had not left behind any will or