Citing SC judgment, HC orders family pension to 2nd wife

Coming to the rescue of the second wife of a deceased doctor, the Madras High Court has directed the Director of Local Fund Audits to sanction family pension with effect from the date of her husband's death.

C Sarojini Devi had challenged the order of the Director of Local fund Audits, Chennai, refusing to grant family pension on the ground that the marriage between the petitioner and doctor, a deceased government employee, was not valid and she cannot be considered to be the legal representative.

Citing a Supreme Court judgment, Justice Anand Venkatesh allowed her petition and said "... this court has to necessarily lean towards the presumption of marriage rather than branding the petitioner as a concubine."
Citing an apex court judgment, the judge said the supreme court has held that "law presumes in favour of marriage and against concubinage, when a man and woman have co-habitated continuously for a long time."
"During this period, it can always be construed that the petitioner and the deceased Dr A Chinnasamy were living as husband and wife and their long co-habitation itself raises that presumption of marriage."