Summary
The Court restored pension relief to the deceased soldier’s partner and their children. Even excluding cohabitation before dissolution of his earlier marriage, the couple had lived together as husband and wife for eleven years afterwards. That continued relationship and the authorities’ endorsement of her as his wife supported a rebuttable presumption of valid marriage on these facts.
Issues
- Whether the claimant could obtain pensionary benefits despite the marriage ceremony having occurred while the deceased’s earlier marriage subsisted.
- Whether post-divorce cohabitation and service-record recognition supported a presumption of marriage.
Provisions considered
- Section 114, Indian Evidence Act, 1872Long continued cohabitation as husband and wife permits a rebuttable presumption of marriage. The Court applied that presumption to the post-divorce period together with the service-record endorsement and other circumstances. (¶¶ 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21)
Held
- Long cohabitation as husband and wife supports a presumption of marriage. The presumption is rebuttable, the burden on the challenger is substantial, and circumstances weakening it must still be considered. (¶¶ 11, 12, 13, 14, 15, 16, 17, 18, 19, 20)
- Excluding the period before the earlier marriage ended, the deceased and the claimant continued to cohabit for eleven years until his death. He sought replacement of his former wife’s name with hers in the service record, the authorities acted on that request, and the former wife made no pension claim. These facts warranted the presumption in favour of validity. (¶¶ 9, 10, 21)
- The claimant was entitled to pension payable on the deceased’s death. Their two children were entitled to that relief only until they attained twenty-five years; their separate entitlement to the deceased’s estate had already been recognised in review. (¶¶ 21, 22)
Result
Appeal allowed. High Court and first appellate judgments set aside; trial court decree restored. First appellant entitled to pension; second and third appellants entitled to the pension relief until age twenty-five. Parties to bear their own costs.