Documented Admission Of Marriage By Deceased Husband Sufficient To Establish Widow’s Entitlement To Family Pension: Gujarat High Court
The High Court held that once a documentary record shows an admission by the deceased employee acknowledging the marriage, no further proof could have been insisted upon by the authority while considering a widow’s claim for family pension.
Justice Maulik J. Shelat, Gujarat High Court
The Gujarat High Court has held that when there is clear documentary material, including an admission by the deceased employee acknowledging marriage, a public authority cannot insist on additional proof to deny family pension to the claimant widow.
The Court was hearing a writ petition filed under Articles 14, 21 and 226 of the Constitution seeking quashing of orders by the municipal corporation refusing family pension to the petitioner claiming to be the widow of a deceased employee.
A Bench of Justice Maulik J. Shelat, while noting that the deceased husband had, in previous filings before a court, categorically admitted that he had married the petitioner, observed: “When there is a clear admission of factum of marriage with petitioner by the deceased as referred herein above, there is no other evidence ought to have been required by the Corporation, to consider the claim of the petitioner for family pension”.
Background
The dispute arose from the refusal by the municipal corporation to grant a family pension to the petitioner following the death of an employee who had been in permanent service.
The petitioner relied upon a Nikahnama, affidavit of the officiating Kazi, maintenance proceedings records, and other documents to establish that she was legally married to the deceased after the death of his first spouse.
There existed a family arrangement between the petitioner and the children of the deceased from the earlier marriage regarding other retirement benefits. However, the corporation rejected the pension claim, stating that the marriage was not proved, citing the absence of registration, lack of joint photograph, absence of nomination in service records, and non-confirmation by relatives.
Earlier, the High Court had directed the authority to reconsider the issue after verifying documents. Despite that direction and additional material produced, the corporation reiterated its rejection, leading to the present proceedings.
Court’s Observation
The High Court examined the record and noted that the petitioner had produced a Nikahnama along with an affidavit of the Kazi who solemnised the marriage. It was observed that nothing had been shown to indicate that such a marriage document required compulsory registration under Muslim law, and therefore, it was improper for the authority to reject it merely for want of registration.
The Court held that the absence of a joint photograph or non-mention of the petitioner’s name in the service book could not justify a conclusion that the marriage never took place. The Court observed that had the employee informed the corporation about the marriage or made a nomination, the controversy would not have arisen, but the absence of such entries does not negate a legally valid marriage.
The Bench attached significance to documentary evidence arising from proceedings initiated during the lifetime of the employee, particularly a maintenance case where the deceased, in his written reply, admitted that marriage had taken place through a Nikah ceremony.
In light of this material, the Court held that the authority had ignored overwhelming documentary evidence substantiating the petitioner’s marital status. It emphasised that once such an admission existed on record, no further proof ought to have been required for considering entitlement to pension.
The Court also rejected objections raised by the children of the deceased. It was observed that they were major and not entitled to a family pension, and that a prior settlement regarding other benefits did not affect the petitioner’s independent statutory claim. It further noted that under the family arrangement, the children had accepted the petitioner’s marital status and had themselves received post-death benefits of the employee.
The Bench concluded that the corporation had overlooked material evidence, relied on irrelevant considerations, and recorded findings that were legally unsustainable, rendering the impugned decision vitiated by grave irregularity.
Conclusion
The High Court quashed the corporation’s decision and directed it to treat the petitioner as the legally wedded wife of the deceased employee and process her family pension claim.
The Court directed that arrears be paid within the stipulated period, failing which interest would become payable, and that the regular pension be disbursed thereafter without fail.
Cause Title: Farzanabanu Mohammadhanif Shaikh v. Ahmedabad Municipal Corporation & Ors. (Neutral Citation: 2026:GUJHC:13966)
Appearances
Petitioner: Advocate Aakash D. Modi
Respondents: Advocates H. S. Munshaw; Sikander Saiyed; E. E. Saiyed