The Armed Forces Tribunal, Madras Region, has ruled that a woman who lived with a retired army man for about 24 years was entitled to family pension. The Bench comprising members Justice V. Periya Karuppiah and Lt.Gen (Rtd) Anand Mohan Verma said, “The purpose of family pension is that the family must not suffer upon the demise of the individual.”
Gottala Jannadha Rao of East Godavari retired from the Army in 1989 with pension and other retiral benefits. While in service, he married Giri Kumari in 1977, and two children were born to them. The couple got ‘customary divorce’ in accordance with custom prevalent in their community and in the presence of elders. Later, she married another person and settled in UAE.
After retirement, Mr. Rao married Mary Bharathi according to Christian rites and a daughter was born to them. After his death in 2010, Ms. Bharathi was not able to receive the family pension. Hence, she filed the present application before the AFT.
Her counsel said during his lifetime Mr.Rao attempted to get Ms.Bharathi’s name entered in his personal records held by the Army to ensure that she got the family pension upon his demise. The records were not amended as the authorities insisted on a decree of divorce from a court of law. Hence, he executed a will bequeathing all financial benefits to her.
Counsel for Defence submitted that the second wife could not be considered as legitimate heir and she was not entitled to family pension.
The Bench said, “The Supreme Court held that if a man and woman are living under the same roof and cohabiting for a number of years, there will be a presumption that they have lived as husband and wife and the children born will be legitimate.”
Relying on the judgment, the Bench said all the documents establish that Mr.Rao and Ms.Bharathi lived as husband and wife since 1989 till his death and also pointed out that the will of Mr.Rao was in favour of her and her daughter.
The Bench directed the Defence authorities to grant family pension to her with effect from 2010.
