Smt Seeta Devi wdo late Dfr Laxman Lal Kanwaria vs UOI & Others on 1 October 2026

**ORDER**

01.10.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying therein for directing the Respondents to grant her Family Pension along with arrears with applicable interest and cost in favour of the Applicant from the Respondents.

2. The brief facts of the case as enunciated by the Applicant are that after rendering more than 26 years of service, her husband was discharged from Service on 30.04.2010 and was granted Service Pension for life. Initially, her husband got married to Smt. Pyari Devi in the year 1994 which was duly recorded in her Applicant's service documents. After solemnization of the marriage, Smt Pyari Devi wilfully deserted her husband, Late Dfr Laxman Lal Kanwaria and owing to continued desertion and cessation of cohabitation, he entered into a live-in relationship with the Applicant without dissolution of the subsisting and legally wedded marriage. With this relationship, three children were born and their births have also been duly recorded in official records of her husband. Since Smt Pyari Devi was not cohabiting with Late Dfr Laxman Lal Kanwaria, he filed divorce petition No 191/2009 before Hon'ble District and Sessions Court, Rajsamand (Rajasthan) and finally the marriage was dissolved vide Order dt 16.08.2010. After dissolution of first marriage with Smt Pyari Devi, Late Dfr Laxman Lal Kanwaria lawfully solemnized marriage with the Applicant, Smt Seeta Devi on 27.11.2010, which was recorded in service documents of her husband vide Part II Order dt 22.07.2013. After death of her husband, on 22.03.2021, the Applicant made representations as also issued Legal Notice to the Respondents for grant of Family Pension, but the Respondents denied the same on the grounds that her husband had entered into plural marriage during subsistence of the first marriage and, hence, the Applicant is not entitled for grant of Family Pension. The Applicant has contended that her husband legally solemnized marriage with her after dissolution of his first marriage and, hence, she is the legally wedded wife of her husband and the fact is duly endorsed in service documents of her husband. Since her marital status has attained finality during lifetime of her husband, she is entitled for grant of Family Pension after death of her husband and the denial of family pension at this stage is violative of article 14 and 21 of the Constitution of India. In support of her claim, the Applicant has placed reliance on Hon'ble Supreme Court judgment dt 18.08.2023 in Civil Appeal No 5262/2023 arising out of SLP (c) No 29313/2019 in the case of **Smt Shiramabai Vs Capt Record Office, Army Service Corps, Gaya (Bihar) and Others** wherein it is settled that the presumption of validity of marriage arises from long cohabitation and official acts indicating marital status and cannot be defeated without judicial decree under Section 11 of Hindu Marriage Act, 1955 in the absence of any such decree, the Respondents cannot treat the marriage as plural and void for pension purpose. In view of the aforesaid averments, the Applicant has filed present OA for grant of Family Pension to her.

3. The Respondents have filed a detailed reply to the Application and while not disputing the basic facts presented by the Applicant, they have submitted that as per service records, Late Dfr Laxman Lal Kanwaria married Smt Pyari Devi on 07.04.1983. Later three children were born out of the wedlock and their births have been recorded in the service records based on the birth certificates and declaration produced by him. Later, the deceased soldier had filed a petition for dissolution of marriage from his first wife, Smt Pyari Devi before District Court, Rajsamand (Rajasthan) on the grounds that his wife had clearly demonstrated permanent abandonment which was passed ex-parte in favour of the deceased soldier and a decree of divorce was granted vide Order dt 16.08.2010, ie., after discharge of the deceased soldier from Service on 30.04.2010. Subsequently, based on the supporting documents produced by Late Dfr Laxman Lal Kanwaria, Part II Order No ACR/NER/0010/0001/2012 was notified by Armoured Corps Records. Thereafter, the Applicant remarried Smt Seeta Devi on 27.11.2010 and occurrence of second marriage was published vide Armoured Corps Records Part II Order No 1/0180/0003/2013. After death of Dfr Laxman Lal Kanwaria on 22.03.2021, the Applicant, Smt Seeta Devi and Mr Sidharth, son of the first wife of Late Dfr Laxman Lal Kanwaria prayed for grant of Family Pension which were returned back for some clarifications. Since the details of date of birth, etc. mentioned in Family Pension claim were not matching with the documents available with the Respondents, two inquiries were conducted by Zila Sainik Kalyan Karyalaya, Ajmer which brought to fore the facts that late Dfr Laxman Lal Kanwaria got re-married to Smt Seeta Devi in year 1993 during the subsistence of his first marriage and he kept his second wife Seeta Devi with her in duty stations in the name of Smt Pyari Devi. All the three children were born to Smt Seeta Devi, the second wife, however, they were shown as born to Smt Pyari Devi, the first wife. The inquiries also found that Smt Pyari Devi, first wife of Late Dfr Laxman Lal Kanwaria had written letters to Records Office and 10 lancers for grant of Maintenance Allowance in year 2008 but no action was taken by the unit and Record Office. Keeping in view that his date of discharge was nearing, the deceased paid a sum of Rs. 1.60 Lakh to Smt Pyari Devi and reached a settlement which was got signed on an Affidavit on 05.06.2009 and, thereafter, based on the settlement Affidavit, he filed a divorce petition No 191/2009 before District Judge, Rajsamand and ex-parte decree of divorce was passed in favour of Late Dfr Laxman Lal Kanwaria vide Order dt 16.08.2010 and based on the decree of divorce, he got Part II Order notified for the Divorce. He got certificate of re-marriage with Smt Seeta Devi on 27.11.2010 and also got the same notified from Armoured Corps Record. In view of the above, the Respondents have submitted that Late Dfr Laxman Lal Kanwaria had re-married Smt Seeta Devi, the Applicant, in the year 1993 during subsistence of first marriage with Smt Pyare Devi which is a case of plural marriage and, hence, she cannot be termed as legally wedded wife of Late Dfr Laxman Lal Kanwaria and, therefore, the case for grant of Family Pension to the Applicant cannot be processed.

4. We have heard Counsels for both the parties and perused the material placed on record.

5. The relevant extracts of judgment passed by Hon'ble Supreme Court in the case of **Smt Shiramabai (Supra)** read as under:- "20. It can be discerned from the aforesaid line of decisions that the law infers a presumption in favour of a marriage when a man and woman have continuously cohabitated for a long spell. No doubt the said presumption is rebuttable and can be rebutted by leading unimpeachable evidence. When there is any circumstance that weakens such a presumption, courts ought not to ignore the same. The burden lies heavily on the party who seeks to question the cohabitation and to deprive the relationship of a legal sanctity.

21. In the instant case, if the period upto the year 1990 was to be excluded as the marriage between Late Subedar Bhava and Anusuya had got dissolved only on 15^th November, 1990, fact remains that even thereafter, the deceased had continued to cohabit with the appellant No. 1 for eleven long years, till his demise in the year 2001. The appellant No. 1 was the mother of two children born from the relationship with the deceased, namely, appellants Nos. 2 and 3. Appellants No. 2 and 3 have been held entitled to the estate of the deceased by virtue of the order passed by the High Court on the Review Application moved by them. In the above background, a presumption ought to have been drawn in favour of the validity of the marriage between the deceased and the appellant No. 1, more so, when during his life time, the deceased had approached the respondent authorities for seeking deletion of the name of his previous wife - Anusuya from his service record and for endorsement of the name of the appellant No. 1 therein, which was duly acted upon by the respondents vide letter dated 05th July, 1999. It is also not in dispute that the ex-wife did not claim any pension from the respondents on the demise of Subedar Bhave.

22. In view of the aforesaid discussion, the impugned judgment dated 25th June, 2013, passed by the High Court of Karnataka Circuit Bench at Dharwad in Regular Second Appeal No 6079 of 2010 (DEC) endorsing the order dated 16th September, 2010 in Regular Appeal No 70 of 2008, passed by the First Appellate Court cannot be sustained and are, accordingly, quashed and set aside. The judgment and decree dated 22^nd December, 2007, passed by the learned Civil Judge (Senior Division), Chikodi in Original Suit No 73/05 is restored. The appellant No.1 is held entitled to receive the pension payable on the demise of Late Subedar Bhave. As for the appellants No. 2 and 3, they would be entitled to the said relief till the date they attained the age of 25 years.

23. The appeal is allowed on the above terms while leaving the parties to bear their own costs. Pending applications, if any, stand disposed of."

6. In the present case, it is evident that Late Dfr Laxman Lal Kanwaria had married Smt Pyari Devi on 07.04.1983 well before his enrolment in the Army on 27.04.1984 and the same was endorsed in his service documents. Since Smt Pyari Devi did not cohabit with his husband and permanently abandoned him, Late Dfr Laxman Lal Kanwaria, married Smt Seeta Devi, the Applicant in this OA, in year 1993 and stayed with her in service accommodation provided to him in the name of Smt Pyari Devi and the couple was blessed with three children out of this wedlock and the same were duly notified in the service documents as born to Smt Pyari Devi instead of Smt Seeta Devi. The name of Smt Seeta Devi was not got recorded in the service documents by Late Dfr Laxman Lal Kanwaria, as he was aware of the fact that disclosure of this fact would lead to his dismissal from service as a case of plural marriage. Late Dfr Laxman Lal Kanwaria had filed Divorce Petition No 191/2009 before Learned District Judge, Rajamand which was not adjudicated before discharge of the Applicant. Since the divorce petition with Smt Pyari Devi was subjudice, Late Dfr Laxman Das mentioned name of Smt Pyari Devi in his pension documents at the time of discharge on 30.04.2010. When the decree of divorce was passed on 16.08.2010, he got the same notified and recorded in service documents and thereafter got the notification of his re-marriage with Smt Seeta Devi, the Applicant, on 27.11.2010, though in fact he had married with Smt Seeta Devi in year 1993 during the subsistence of his first wife and blessed with three children. In view of the aforesaid, it is clear that the Applicant has cohabited with her husband for a long time and have three living children. At the same time, it is a fact that late Dfr Laxman Lal Kanwaria had violated the laid down conduct for the Defence personnel by marrying a lady during the currency of his first marriage. Moreover, he committed a major offence by keeping her (second wife) with him in different duty stations and even got the children of the Applicant notified as those of his first wife. Had it come to the notice of the authorities while he was in service or during his lifetime, some disciplinary action could have been taken against him for these misdemeanours on his part. However, since he is no more, no action can be taken against him and we find no reason to disqualify the Applicant for grant of Family Pension, especially when her name has already been recorded in service particulars of Late Dfr Laxman Lal Kanwaria during his lifetime and after his discharge from service and his first wife, Smt Pyari Devi having made no objection or representation with regard to her entitlements. Therefore, we are of the opinion that the Applicant is legally wedded wife of Late Dfr Laxman Lal Kanwaria as her name is endorsed in service documents of her husband and, hence, she is entitled for grant of Family Pension.

7. In-fine, the OA is allowed and the Respondents are directed to grant Family Pension to the Applicant from the date of death of her husband within a period of six months from the date of receipt of a certified copy of this Order, failing which the Applicant shall be entitled to interest @ 6% per annum, till the date of actual payment. Pending Miscellaneous Application(s), if any, also stand disposed off.

8. No order on costs.

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(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

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