9911796707
TMI Blog2000 (1) TMI 932X X X X Extracts X X X X X X X X Extracts X X X X ..... r that family pension would be admissible to the minor children only till they attained majority. He also held that the second wife Yogmaya Devi was not entitled to anything. Appeal by the first wife Rameshwari Devi against the judgment was dismissed by the Division Bench. According to her there was no marriage between Narain Lal and Yogmaya Devi and the children were, therefore, not legitimate. Aggrieved Rameshwari Devi has come to this Court. On filing of the special leave petition notices were issued to the respondents. In response thereto counter affidavits have been filed by - (1) Yogmaya Devi, (2) State of Bihar and (3) Accountant General (A&E) II Patna. Stand of the State Government is that Rameshwari Devi was the legally married wife of Narain Lal. He married again to Yogmaya Devi in April, 1963 and that the marriage with Yogmaya Devi was against the provisions of law as contained in Sections 5 and 11 of the Hindu Marriage Act, 1955. It was, therefore, a void marriage. Second wife had thus no status and could not claim any share from the estate of Narain Lal as per the provisions of Hindu Succession Act, 1956. Accordingly State Government sanctioned family pension and gra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tances, even in absence of proof, a presumption of valid marriage between them would arise. She says nothing has been brought on record to rebut that presumption. In Badri Prasad vs. Dy. Director of Consolidation & Ors. [(1978) 3 SCC 527] this Court said that a strong presumption arises in favour of wedlock where the partners have lived together for a long spell as husband and wife. Although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of legal origin. Law leans in favour of legitimacy and frowns upon bastardy. The Court further observed that if men and women who live as husband and wife in society are compelled to prove, half a century later, by eye-witness evidence that they were validly married, few will succeed. There have been various other judgments of this Court holding where a man and a woman live together for long years as husband and wife then a presumption arose in law of legality of marriage existed between the two, though the presumption is rebuttable. An inquiry report dated December 11, 1987 of ADM, Danapur Sub Division, Danapur, Patna has been brought on record. According to this report on inquiry it was found that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 21 of the Central Civil Service (Conduct) Rules as well as to Rule 23 of the Bihar Government Servant's conduct Rules, 1976, which are as under:- CCS Rules "21. Restriction regarding marriage (1) No Government servant shall enter into, or contract, a marriage with a person having a spouse living; and (2) No Government servant having a spouse living, shall enter into, or contract, a marriage with any person : Provided that the Central Government may permit a Government servant to enter into, or contract, any such marriage as is referred to in Clause (1) or Clause (2), if it is satisfied that (a) such marriage is permissible under the personal law applicable to such Government servant and the other party to the marriage; and (b) there are other grounds for so doing. (3) A Government servant who has married or marries a person other than of Indian nationality shall forthwith intimate the fact to the Government. Bihar Government Servant's Conduct Rules,1976 23. Restrictions regarding marriages.(1) No Government servant shall enter into, or contract a marriage with a person having a spouse living; and (2) No Government servant, having a spouse living shall enter into or contrac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as a clear fallacy in such view because for purposes of Rule 28, such strict standards, as would warrant a conviction for bigamy under Section 494 IPC, may not, to begin with, be necessary." In State of W.B. and others vs. Prasenjit Dutta (1994 (2) SCC 37) departmental proceedings were initiated against the respondent, who was a member of the Police Service of the State of West Bengal under Rule 5(4) of the West Bengal Services (Duties, Rights and Obligations of the Government Employees) Rules, 1980 for having contracted a second marriage. That Rule says that no government employee who has a wife/husband living shall contract another marriage without previously obtaining the dissolution of the first marriage in accordance with law for the time being in force, notwithstanding such second marriage is permissible in the personal law of the community to which he or she belongs. On an inquiry made by an officer, appointed for the purpose, and on his report that the respondent was guilty of misconduct alleged, an order of dismissal was passed by the disciplinary authority. Respondent approached the High Court and the order of his dismissal was stayed. Nevertheless High Court was of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the present case an inquiry was held which cannot be termed as sham. Result of the inquiry was that Yogmaya Devi and Narain Lal lived as husband and wife since 1963. A presumption does arise, therefore, that marriage of Yogmaya Devi with Narain Lal was in accordance with Hindu rites and all ceremonies connected with a valid Hindu marriage were performed. This presumption Rameshwari Devi has been unable to rebut. Nevertheless, that, however, does not make the marriage between Yogmaya Devi and Narain Lal as legal. Of course, when there is a charge of bigamy under Section 494 IPC strict proof of solemnisation of the second marriage with due observance of rituals and ceremonies has been insisted upon. It cannot be disputed that the marriage between Narain Lal and Yogmaya Devi was in contravention of clause (i) of Section 5 of the Hindu Marriage Act and was a void marriage. Under Section 16 of this Act, children of void marriage are legitimate. Under the Hindu Succession Act, 1956, property of a male Hindu dying intestate devolve firstly on heirs in clause (1) which include widow and son. Among the widow and son, they all get shares (see Sections 8, 10 and the Schedule to the Hindu Suc ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
