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Court Decision
2024-10-31
Subject: Employment Law - Employee Benefits
In a significant ruling, the court addressed the case of a divorced woman, the petitioner, who sought dependent benefits following the death of her former husband, Mr.
The petitioner argued that her long-term cohabitation with
The court carefully examined the arguments from both sides. It acknowledged the existence of the divorce decree but emphasized that the couple's cohabitation for nearly a decade after the divorce could create a presumption of marriage. The court referenced previous rulings that recognized long-term cohabitation as a basis for legal recognition of marital status, even in the absence of formal remarriage. The court also noted that the ESI Act is designed to be beneficial legislation aimed at protecting the rights of workers and their dependents.
Ultimately, the court ruled in favor of the petitioner, stating that the presumption of marriage arising from their cohabitation was sufficient to classify her as a widow for the purposes of claiming dependent benefits. The court ordered the respondents to pay all eligible benefits to the petitioner within six weeks, setting a precedent for similar cases involving cohabitation after divorce.
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Long cohabitation and the birth of children can establish a de facto marriage, entitling a partner to family pension benefits, even if the marriage was initially invalid due to the subsistence of a p....
Law infers presumption in favour of a marriage when a man and woman have continuously cohabitated for a long spell.
Exclusion of married daughter is unreasonable and in violation of provisions prescribed under Articles 14 and 15 of Constitution of India.
Divorced daughters are entitled to family pension eligibility assessments based on income, not marital status at the time of the parent's death.
The court determined that barring married daughters from receiving rehabilitation benefits is unconstitutional and directed that such claims be reconsidered accordingly.
The exclusion of married daughters from the definition of dependents under the Rajasthan Co-operative Societies Act is unconstitutional, as it violates the right to equality under Article 14 of the C....
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