Under the Hindu law, marriage is a sacrament and not a contract, which can be entered into by execution of a marriage deed, the Delhi High Court observed while rejecting the plea of a woman that she be declared the legally wedded wife of a government servant, now deceased, so that she can get a job on compassionate grounds and avail of the other benefits.
The court noted that when the woman got married to the government servant, Hari Ram, he already had a wife and had not applied for divorce. The second marriage, as claimed by the petitioner, was by way of a marriage deed.
The petitioner, Champa Devi, had initiated the litigation mainly to get an appointment on compassionate grounds as well as the financial benefits payable to legal heirs of Hari Ram on his death. Hari Ram was a sweeper at GTB Hospital.
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Marriage deed
Champa told the court that she got married to Hari Ram by way of a deed and affidavit in 1990. “Since inception, the contention of the appellant (Champa Devi) had been that her marriage with Hari Ram on June 2, 1990, was performed by way of execution of a marriage deed and an affidavit. It is not disputed by her that late Hari Ram had a living spouse, Phoolmati Devi, on June 2, 1990, and she expired on May 11, 1994,” said Justice Pratibha Rani.
In the instant case, Champa applied for appointment on compassionate grounds on demise of Hari Ram.
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In August 2001, she was offered appointment as safai karamchari on temporary basis at GTB hospital.
Divorce not sought
A month later, she was issued a show-cause notice by the medical superintendent, GTB Hospital, asking her to explain the legality and validity of her marriage with Hari Ram. The notice said that being a government servant, Hari Ram could not have married during the lifetime of his first wife and there was no proof of him having sought divorce from Phoolmati Devi.
Champa Devi contended that since she was the only wife alive at the time of the death of Hari Ram on February 15, 1997, she was entitled to all the benefits payable to his legally wedded wife.
She said she got married to Hari Ram on June 2, 1990. After the death of his first wife, Hari Ram and Champa got married again in June, 1994, at Delhi and then again before the gram panchayat of Mahabalpur village, Farukhabad district, U.P. The marriage ceremony was performed on December 10, 1994, Champa said.
The suit was contested by the Lieutenant-Governor, the medical superintendent of GTB Hospital and the Delhi government. It was submitted that as per office record in 1994, Hari Ram had only one wife named Phoolmati Devi. Hari Ram never gave any intimation about his second marriage.
‘No satisfactory evidence’
“It’s been rightly held that the appellant/plaintiff cannot claim the status of a legally wedded wife of Hari Ram on the strength of alleged marriage dated June 2, 1990. The solemnisation of marriage thereafter at Delhi and on December 10, 1994, at the village of Hari Ram was also not proved by leading satisfactory evidence to this effect. Even the certificate issued by the Gram Panchayat stated the date of marriage as June 2, 1990, with no reference to remarriage,” the High Court held.