Court rules marriage void under Hindu Marriage Act, 1955; family pension denied to petitioner Vidya Devi.
In a significant judgment, the Delhi High Court dismissed the petition of Vidya Devi, who sought family pension as the widow of late Sepoy Udey Singh. The court held that the marriage between Vidya Devi and the deceased was void under the Hindu Marriage Act, 1955, as it was solemnized during the subsistence of his first marriage to Smt. Satwati Devi.
The bench, comprising Justices V. Kameswar Rao and Manmeet Pritam Singh Arora, deliberated on the complexities surrounding the case. Vidya Devi claimed entitlement to a family pension following the death of Satwati Devi, the legally wedded first wife. However, the court noted that the Hindu Marriage Act explicitly renders a marriage void if it occurs while the first spouse is still alive.
The judgment emphasized that under the Pension Regulations for the Army, 1961, family pension is payable only to a lawfully wedded widow. Since Vidya Devi's marriage was void from the outset, her claim was untenable. The court cited precedents, including the Supreme Court's ruling in Raj Kumari v. Krishan, which reinforced that pension benefits are reserved for legally wedded spouses.
Moreover, the court rejected the application of a Supreme Court ruling in Shriramabai w/o Pundalik Bhave, which dealt with the presumption of valid marriage post-divorce from a first spouse, a situation not applicable in Vidya Devi's case, as no divorce occurred between Udey Singh and Satwati Devi.
The petitioner’s reliance on an Office Memorandum under the Central Civil Services (Pension) Rules, 2021, was also dismissed, as these rules do not apply to Army personnel governed by different regulations.
The court concluded that the dismissal of Vidya Devi's petition by the Armed Forces Tribunal was justified and upheld the denial of family pension. This judgment underscores the importance of adhering to statutory marriage laws and their implications on pensionary benefits.
Bottom Line:
Family pension under Army Pension Regulations, 1961 is payable only to the lawfully wedded widow of the deceased officer, and not to a spouse whose marriage is void as per Hindu Marriage Act, 1955.
Statutory provision(s): Hindu Marriage Act, 1955 Sections 5, 11; Pension Regulations for the Army, 1961
Vidya Devi v. Union of India, (Delhi)(DB) : Law Finder Doc id # 2859225
