Second wives may claim family pension if the first spouse is deceased and there are no offspring, as confirmed by the presumption of valid marriage after long-term cohabitation.

By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-

“1. That writ in the nature of mandamus may kindly be issued and the respondent department may be directed to release the beneftt of family pension to the petitioner from the date of death of deceased husband with all consequential beneftts.

2. That respondent department be directed to release the arrear of pension to the petitioner with interest @18% per annum.”

2. Brief facts necessary for the adjudication of this petition are that the petitioner is the second wife of late Shri Surat Ram. According to the petitioner, her marriage took place with late Shri Surat Ram on 03.04.1987, during the subsistence of the marriage of Shri Sugat Ram with Smt. Reshmu Devi. Smt. Reshmu Devi is stated to have died on 18.11.2015. As per the petitioner, there was no child born out of the wedlock between late Shri Surat Ram and Smt. Reshmu Devi. However, there are two children born out of the wedlock of the marriage of the petitioner with Shri Surat Ram, who are both major and married. Shri Surat Ram is stated to have died on 06.04.2021. The case of the petitioner for the grant of family pension has been rejected vide Annexure P-12, dated 18.02.2022, on the ground that she is not the first wife of late Shri Surat Ram and had contacted marriage with him during the subsistence of his first marriage, hence this petition.

3. The case of the petitioner is that she is the widow of late employee of the respondent-Department and is entitled to family pension, as she is eligible to receive the same.

4. On the other hand, as observed hereinabove, the contention of the State is that because the petitioner solemnised marriage with Shri Surat Ram during the subsistence of the first wife, therefore, she is not entitled for pension.

5. It is a matter of record that the petitioner happens to be the second wife of late Shri Surat Ram, as has been observed by me hereinabove also. It is also a matter of record that the first wife of Shri Surat Ram pre-deceased him. She died in the year 2015, whereas Shri Surat Ram passed away in the year 2021. Obviously, herein it is not the case of the respondents that after the death of Shri Surat Ram, family pension was paid to his first wife and after the death of his first wife, now another lady is claiming the same. Here, the family pension has not been paid to anyone after the death of Shri Surat Ram. It is also not in dispute that whereas, no child was born out of the wedlock between Shri Surat Ram and his first wife Smt. Reshmu Devi, there are two major children born out of the marriage of the petitioner with late Shri Surat Ram, who are above twenty five years of age, and thus, not entitled to receive family pension.

6. Hon’ble Supreme Court of India in Smt. Shiramabai and others Versus The Captain Record Officer and another , (Civil Appeal No. 5262 of 2023), decided on 18.08.2023, has been pleased to hold under similar circumstances that in case a man and women cohabited continuously for long term, then one can draw a presumption in favour of a valid marriage. Hon’ble Apex Court also held that though this presumption is rebuttable, but heavy onus is placed on the one who seeks to deprive the relationship of its legal origin to prove that no marriage had indeed taken place.

7. In the present case, there is none except the petitioner who is claiming the family pension after the death of Shri Surat Ram. Though she is not the first wife of Shri Surat Ram, but the first wife of Shri Surat Ram, pre-deceased Shri Surat Ram, issue-less, and, therefore, in case family pension is ordered to be granted in favour of the p