This story is from December 2, 2016

Living together for long can mean marriage, says tribunal

Living together for long can mean marriage, says tribunal
(Representative image)
CHENNAI: A couple living together for long can be presumed to be married, the Chennai bench of the Armed Forces Tribunal (AFT) has said, awarding family pension along with other benefits to the second wife of a deceased Lt Colonel. The woman had moved the AFT saying she was in a financial crisis and found it difficult to survive without family pension.
In her petition, Mallika Jahangir said she married Lt Colonel M S H Jahangir on July 24, 1987.
MSH, who had earlier married Masarat Saleem in July 1981, divorced her before getting remarried and informed the Army authorities but they did not record the second wife's name. Masarat died in February 2011 and M S H passed away in December 2013. After his death, Mallika sent a representation to the additional directorate general, personnel branch, New Delhi, seeking grant of family pension. The directorate acknowledged the letter, but did not take any steps to incorporate her name.
Mallika said she was availing herself of the benefits provided to the spouse of a retired Army officer like canteen card and ECHS card. MSH's two children from his first marriage were above 25 years old and not eligible for pension. So the Army could provide her the benefit, she said. She provided proof of the sons having no objection to her receiving pension.
In its reply, the Army said MSH was commissioned in December 1962 and retired in August 2013.Though Mallika claimed family pension, according to records, the nominee for pension was Masarat.
A bench of judicial member S S Satheesachandran and administrative member Lt Gen K Surendra Nath said MSH, instead of applying to army group insurance for change of nominee's name, wrongly applied to the adjutant general's office. “Even if the marriage is challenged, there is a catena of judgments providing for presumption of marriage on long cohabitation,“ it said, directing the Army to provide her the benefit with arrears from the date of her husband's death.
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