Supreme Court Upholds Presumption of Valid Marriage in Landmark Ruling on Pension Benefits

In a groundbreaking judgment delivered on August 18, 2023, the Supreme Court of India upheld the presumption of a valid marriage based on continuous cohabitation in a case concerning entitlement to pensionary benefits. Justices Hima Kohli and Rajesh Bindal presided over the bench that passed this landmark ruling.

The case involved Smt. Shiramabai and her children who sought to claim pensionary benefits following the demise of Subedar Pundalik Bhave. The deceased had been married multiple times, and the validity of his marriage with Smt. Shiramabai was challenged due to a prior marriage and subsequent divorce. The High Court had previously dismissed the appeal by the appellants, questioning the legitimacy of the marriage.

Justice Hima Kohli, in the judgment, emphasized the significance of long-term cohabitation as a factor for inferring a valid marriage. The court stated, "A strong presumption arises in favour of wedlock where the partners have lived together for a long spell as husband and wife," citing legal precedents. The bench acknowledged that while the presumption is rebuttable, the burden of proof falls heavily on the party challenging the relationship.

The court referred to Section 114 of the Evidence Act and a series of legal precedents to establish the principle that continuous cohabitation can imply a valid marriage. The judgment underscored the importance of considering societal recognition and the conduct of the parties involved when determining the legitimacy of a relationship.

Justice Rajesh Bindal also weighed in, stating, "The law leans in favour of legitimacy and frowns upon bastardy." The court highlighted the need to examine evidence and circumstances surrounding the relationship, and the obligation to evaluate the strength of the presumption.

The ruling further interpreted Regulation 219 of the Pension Regulation for the Army, 1961, and declared Smt. Shiramabai entitled to receive pensionary benefits as the deceased's widow. The judgment also granted benefits to the deceased's legitimate children until they reached the age of 25, in accordance with relevant regulations.

The Supreme Court's decision reverberates across legal circles, setting a significant precedent for cases involving long-term relationships and entitlement to benefits. Legal experts applaud the court's emphasis on recognizing the sanctity of relationships formed through continuous cohabitation and societal recognition. This landmark ruling is expected to influence future cases in the realm of family and pensionary law.

DATE OF DECISION: August 18, 2023

SMT. SHIRAMABAI W/O PUNDALIK. BHAVE & OTHERS  vs THE CAPTAIN, RECORD OFFICER FOR O.I.C. RECORDS,  SENA CORPS ABHILEKH, GAYA, BIHAR STATE AND ANOTHER