RAMESHW ARI DEVI versus STATE OF BIHAR

RAMESHW ARI DEVI versus STATE OF BIHAR

When there are competing claims to pensionary benefits and no nomination, the State Government is empowered to hold a factual inquiry to determine rightful claimants. Long cohabitation raises a presumption of marriage, but a second marriage is void under Hindu Marriage Act Section 5(1); children of such marriage are legitimate under Section 16. The second widow is not entitled, but her minor children are entitled to share family pension and gratuity with the first widow and her son until they attain majority.

Parties
Appellant: Rameshwari Devi; Respondent: State of Bihar; Respondent: Yogmaya Devi; Respondent: Accountant General (A&E) II Patna
Jurisdiction
India
Judgment Date
27 January 2000
Procedural Posture
Civil Appeal / Supreme Court Final Appeal Decision
Outcome
Appeal dismissed
Legal Topics
Pension, Family Pension, Death Cum Retirement Gratuity, Legitimacy of Children, Void Marriage, Inquiry Procedure
Service Law Family Law Succession Law Pension Family Pension Death Cum Retirement Gratuity Legitimacy of Children Void Marriage +1 more

Case Brief

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Parties

Rameshwari Devi

Appellant

State of Bihar

Respondent

Yogmaya Devi

Respondent

Accountant General (A&E) II Patna

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal Decision

Legal Issues

  1. 1 Entitlement of second widow and her sons to family pension and gratuity
  2. 2 Legitimacy of children from a void marriage under Hindu Marriage Act
  3. 3 State Government's authority to conduct inquiry into beneficiaries of pensionary benefits

Ratio Decidendi

When there are competing claims to pensionary benefits and no nomination, the State Government is empowered to hold a factual inquiry to determine rightful claimants. Long cohabitation raises a presumption of marriage, but a second marriage is void under Hindu Marriage Act Section 5(1); children of such marriage are legitimate under Section 16. The second widow is not entitled, but her minor children are entitled to share family pension and gratuity with the first widow and her son until they attain majority.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • Judgment of Division Bench of Patna High Court upheld