RADHAMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE brief facts leading to this appeal are B. K. Sridhara Murthy was an employee in the Controllerate of Inspection Electronics, Ministry of Defence, Bangalore as chargeman Grade I. He died due to cardiac arrest on 3-9-1989 at Bangalore. The appellant is class I heir to the deceased B. K. Sridhara Murthy to claim the terminal benefits/assets left by her son B. K. Sridhara Murthy. She filed P. and S. C. 3/90 on the file of the 6th Addl. City Civil and Sessions Judge, Metropolitan area, Bangalore City. She also arrayed Smt. S. Shylaja as 4th respondent as she claimed that she is the wife of the deceased and she is entitled for the share in terminal benefits and other assets of the deceased. Thereafter, the respondents 3 to 4 who are employees of the deceased have not seriously contested the petition. However, the 4th respondent filed objections and she also claimed that she is entitled for share in the assets of the deceased. The learned Judge after assessing the evidence adduced by both the parties, has come to the conclusion that the 4th respondent is the legally wedded wife of the deceased and therefore, she is also entitled to the family pension as the wife of the deceased and accordingly, he passed the following order :

(2.) HEARD the learned counsel for the respective parties.

(3.) THE learned counsel for the appellants has vehemently argued that the finding of the Court below is contrary to the well settled principle of law. While emphasising the argument, he contended that it is incumbent on the R-4 to establish the valid marriage by producing cogent and convincing evidence to the ceremonies which are prevailing in their community. He also further argued that the contention of the respondent that she married the deceased on 15-10-84 having not been proved, she is not entitled for any benefit. He also further submitted that even they were living together itself is not sufficient to prove the valid marriage. Therefore, the appeal deserves to be allowed setting aside the order passed by the Court below.