Punjab-Haryana High Court
Shanti Devi vs State Of Haryana And Others on 14 November, 2024
Neutral Citation No:=2024:PHHC:149633
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
CWP- 26905-2023
Judgment Reserved on: 25.10.2024
Judgment Pronounced on: 14.11.2024
SHANTI DEVI
... Petitioner
VERSUS
STATE OF HARYANA AND OTHERS
... Respondents
CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.
****
Present: Mr. Vinod Bhardwaj and Mr. Nipun Bhardwaj,
Advocates for the petitioner.
Mr. Suneel Ranga, DAG, Haryana.
****
VINOD S. BHARDWAJ, J. (ORAL)
Challenge in the present petition is to the order bearing No.2612
dated 16.01.2019, whereby a notice has been served upon the petitioner to
deposit the amount received by her towards widow pension, to the tune of
Rs.1,06,500/- alongwith interest @ 12% per annum, despite solemnizing a
second marriage (Krewa). A further prayer has also been made for directing the
respondents to refund the amount of Rs.2,73,291/- that has already been
recovered from the petitioner.
Briefly summarized, the facts of the present case are that the
petitioner was married to one Sube Singh, who died on 20.04.1981, leaving
behind the petitioner namely Shanti Devi and her three children. It is further
submitted that Omi Devi wife of Buja Ram- brother-in-law (Jeth) of the
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petitioner had also died in the year 1980. The petitioner had applied for and was
granted the widow pension in the year 1999 as per the scheme. It is specifically
stated in the petition that as per the customary practices, the petitioner had
performed a krewa marriage in the year 1983 with her Jeth namely Buja Ram
and from the said krewa marriage, four children were born out. It is averred that
despite the performance of the krewa marriage, the name of her deceased
husband continued to be and the name of Buja Ram is not reflected as her
husband in any of the documents. It is averred that notwithstanding that the
krewa marriage is only a social obligation and did not have the callings of a
valid marriage, yet, some residents of the village submitted a complaint, due to
factionalism, alleging that the petitioner is not entitled to widow pension for
having solemnized second marriage with Buja Ram and as such, the amount
received by her under the scheme of widow pension ought to be recovered from
her. A notice/communication vide letter No.690 dated 26.06.2018 was served
upon the petitioner, to which a reply was filed on 06.07.2018 giving each and
every fact in detail and a request was made that the notice/communication be
withdrawn as the same is invalid and baseless. However, instead of
withdrawing the said notice/communication, another letter dated 24.08.2018
was served upon the petitioner calling for an explanation. The same was also
replied to on 28.08.2018. Nonetheless, in continuation of earlier letters, the
impugned letter No.2612 dated 16.01.2019 was sent to the petitioner conveying
that her widow pension has been stopped w.e.f. 14.12.2018 and she was called
upon to deposit a total sum of Rs.2,73,291/-.
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Aggrieved thereof, the present petition has been filed.
A written statement had been filed on behalf of the respondents,
wherein it was averred that the petitioner was availing the benefit of widow
pension since October 1999 to November 2018 under the Social Security
Scheme namely "The Haryana Pension to Widows and Destitute Women"
issued by the State Government vide Notification dated 24.08.1992 as amended
from time to time. A complaint dated 07.05.2018 was received from one
Nawaja son of Rampal, who is a co-villager of the petitioner, alleging that the
petitioner was receiving widow pension from the Government for the last 32
years whereas she had performed a krewa marriage with her brother-in-law
(jeth) Buja Ram after the death of her earlier husband. It was also mentioned in
the said complaint that four children were born out of her second marriage.
Taking cognizance of the said complaint, a show cause notice was
served on the petitioner and she was called upon to explain her position. In the
reply furnished to the said notice, she denied the allegations of unlawful receipt
of widow pension levelled against her but admitted that her husband had died in
the year 1981. She claimed to have never solemnized a second marriage and
instead claimed that she is residing with the family of her elder brother-in-law
(jeth). She appended some documents i.e. Aadhar Card, Ration Card, voter list
and copy of jamabandi, which show the name of her deceased husband. The
documents furnished by the petitioner were found to be unsatisfactory by the
State. It was also averred that the social security scheme was introduced by the
Government with an object of providing financial assistance to the destitute
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women and widows, who are unable to sustain themselves from their own
resources. As per the eligibility criteria laid down in the said notification, only
such women were eligible for getting the benefit of the said scheme, who were
widows or unmarried or married but deprived of financial support from their
husbands. The said eligibility criteria prescribed in the above Social Security
Scheme is reproduced as under: -
"...... A woman, in the age group of 18 years and above is eligible
for grant of pension, if she is a widow or unmarried or a married
woman who has been deprived of the financial support from her
husband because of his physical/mental incapacity or desertion by
husband or any other reasons and her close relative such as
parents, sons, son's son are not supporting her and her own
income from all sources is less than the income prescribed by the
Government in this regard in consultation with Finance
Department, provided she is a domicile of Haryana and has been
residing in Haryana State for the last one year at the time of
submission of application. ......."
Noticing that the petitioner was not eligible, an inquiry was
conducted into the dispute and the statements of various persons of the village
were recorded. The said witnesses specifically deposed about solemnization of
krewa marriage by the petitioner with her brother-in-law (Jeth) Buja Ram after
the death of earlier husband Sube Singh.
It was thus contended that the status of the petitioner was not that
of a widow, at the time of submission of application for grant of widow
pension, hence, she was not entitled to draw the benefits under the said widow
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pension scheme from the Government from the very beginning and the same
was accordingly stopped rightly.
It is stated that Clause 9(i) of the said Scheme prescribes the right
of District Social Welfare Officer with respect to stoppage of widow pension,
which is extracted as under: -
"...... Pension shall be sanctioned for the entire life of the
applicant. However, the District Social Welfare Officer shall have
the right to stop payment of pension, if at any stage it is found that
it was sanctioned on mistaken ground or false information or the
condition for which the pension was granted no longer exists. ....."
It is further averred that since the petitioner was not found eligible
for grant of widow pension during the inquiry proceedings, the recovery notices
dated 16.01.2019 and 30.01.2019 had been issued against the petitioner for
effecting the recovery of Rs.2,73,291/- that were already received by her
towards widow pension in a wrongful manner. Clause (e) of the notification
dated 10.06.2011 mandates such recovery alongwith interest @ 12% per
annum, where a benefit has been obtained by suppressing the true information
or by making a false and wrong information. The said Clause (e) reads thus: -
"(e) Any benefits received under the Scheme by suppressing true
information or making wrong claim would be recovered as arrears
of land revenue with 12% interest per annum. ....."
It is also averred that pursuant to issuance of repeated recovery
notices, the amount in question was also deposited by the petitioner vide receipt
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No.4474 dated 06.03.2019. Hence, the impugned recovery notice dated
16.01.2019 (Annexure P-8) is lawful and justified.
No replication/rejoinder was filed by the petitioner to the written
statement filed by the respondents-State.
Learned counsel for the petitioner has vehemently argued that the
petition is a poor lady and is being subjected to unnecessary harassment by the
Authority concerned and that she has been forced to deposit the pension amount
under the threat of registration of a criminal case against her. It is contended the
krewa marriage performed in the family does not debar a widow from the
benefits of her deceased husband and that the benefit of the Social Security
Scheme cannot be denied to her as it would be contrary to the object of the said
scheme.
He places reliance on the judgment Shanti Devi Versus State of
Haryana and others bearing CWP No.17970 of 2008 decided on 05.09.2009 to
contend that performance of krewa marriage cannot be construed as a bar for
getting benefits under the abovementioned Social Security Scheme.
Responding to the arguments advanced above, learned State
Counsel has submitted that the petitioner cannot claim accrual of a right to
retain the amount that was obtained by her towards widow pension, by
suppressing her marital status. He further contends the Social Security Scheme
was notified by the Government of Haryana for the welfare of widows and
destitute women who were unable to sustain themselves, from their own
resources and were in need of financial assistance. A widow, unmarried woman
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or a married woman who was deprived of financial support from her husband
because of his physical/mental incapacity or desertion or for any other reason
and where the children are not supporting such woman, was also eligible for the
benefit under the Scheme. It is contended that the petitioner had claimed the
benefit under the said Scheme in her capacity as a widow, which such eligibility
criteria, she did not fulfill having performed a krewa marriage with her Jeth,
Buja Ram after the death of her earlier husband. The provisions of the scheme,
empower the District Social Welfare Officer to stop the disbursement of the
pension and to effect recovery thereof where such pension has been obtained by
suppression of true facts and information. An inquiry into the allegations was
also made and statements of various persons were recorded, who reiterated the
fact that there was a krewa marriage solemnized between the petitioner and her
Jeth and four children were born out of the said relationship/marriage.
It is stated that the judgments cited by the petitioner are not
applicable to the facts of the present case and thus do not advance the purpose
of filing the present petition.
I have heard the learned counsel for the respective parties and have
gone through the documentary evidence available on record with their able
assistance.
Undisputedly, the parties herein are Hindus and are governed by
Hindu Marriage Act, 1955. Sections 5 and 7 of the Hindu Marriage Act, 1955
provide the conditions for a valid Hindu marriage and the rites and ceremonies
required to be performed for the same. The same are extracted as under: -
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"5. Conditions for a Hindu marriage.
A marriage may be solemnized between any two Hindus, if the
following conditions are fulfilled, namely: -
(i) neither party has a spouse living at the time of the marriage;
(ii) at the time of the marriage, neither party--
(a) is incapable of giving a valid consent to it in consequence of
unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering
from mental disorder of such a kind or to such an extent as
to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity
(iii) the bridegroom has completed the age of 21 [twenty-one years]
and the bride, the age of 18 [eighteen years] at the time of the
marriage;
(iv) the parties are not within the degrees of prohibited relationship
unless the custom or usage governing each of them permits of a
marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or
usage governing each of them permits of a marriage between the
two;
XXX XXX XXX XXX
7. Ceremonies for a Hindu marriage.
(1) A Hindu marriage may be solemnized in accordance with the
customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the Saptapadi (that is,
the taking of seven steps by the bridegroom and the bride jointly
before the sacred fire), the marriage becomes complete and
binding when the seventh step is taken."
It is evident from a perusal of the above that as per the conditions
of Hindu Marriage Act, 1955, the petitioner would otherwise be eligible under
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all categories except for the relationship between the petitioner and her Jeth
being originally within the prohibited degrees. However, the said condition
No.5 (iv) is subject to the customs or usage governing or allowing marriage
between said two persons. Similarly, Section 7 (1) of the Hindu Marriage Act,
1955 provides that a Hindu marriage may be solemnized in accordance with the
customary rites and ceremonies of either party thereto and the requirement of a
Saptpadi is prescribed only where such rites and ceremonies also include
Saptpadi.
It was specifically held by this Court in the matter of Randeep
Singh Vs. State of U.T. Chandigarh reported as 2019 SCC Online P&H 6353
that the customary rites and ceremony between the parties does not mandate
that the rites and ceremonies should be common between both the parties and
that even where such ceremonies are applicable to one of the parties, the
marriage would still be deemed to have been solemnized, after performance of
the necessary rituals and ceremonies. This Court was dealing with the issue of
Chunni Ceremony, a form of marriage prevalent in various communities in
certain areas of States of Punjab, Haryana and Rajasthan, wherein the boy puts
a Chunni (Dupatta) over the girl and accepts her as his wife. It was held by this
Court that where the parties have chosen a special form of marriage for
themselves and have resided and cohabited together, they are estopped from
denying the same to be a valid form of marriage.
In the said scenario, it has been understood that the krewa marriage
is a recognized form of remarriage practiced primarily in the part of north India
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and especially amongst the Jat Community in the States of Punjab, Haryana and
Rajasthan, which allows a widow to remarry within the family of her deceased
husband and more often to his brother or his near male relative. The said
practice has a wide social acceptability and aims to provide social security to
the widow while keeping property and familial responsibility within the family.
Thus, even though the Hindu Marriage Act, 1955 does not exclusively
recognize or regulate the krewa marriages as a separate form of marriage,
however, a co-joint reading of Sections 5 and 7 of Hindu Marriage Act, 1955
establishes that a marriage, which has a customary practice and social
acceptability and is performed in a socially acceptable norm, would have the
sanctity and callings of a valid marriage.
Once the krewa marriage fulfills such requirements under the
Hindu Marriage Act, 1955 such as having been performed with free consent and
neither party had a living spouse at the time of the marriage and the parties did
not suffer from any disqualification of performance of marriage and fulfilled the
statutory age of performance of marriage, the marriage shall have all the
callings of a valid and enforceable marriage.
The customary practices having been recognized in the Indian
Personal Law jurisprudence, validity of krewa marriage has largely been upheld
where the same is supported by local customs of the community in which the
practice is prevalent.
The reference may also be made to the judgment in the matter of
Harjit Kaur Versus State of Punjab and Others reported as 2013 SCC Online
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P&H 7595 wherein the Punjab and Haryana High Court accepted the krewa
marriage for acknowledging the inheritance rights of the claimants.
Now adverting to the judgment in the matter of Shanti Devi
(Supra), cited by the counsel for the petitioner, it is evident from a perusal of
the same that the said judgment was passed in the context of service law, where
the benefit of family pension was given to the widow after demise of her
husband, who was working in Irrigation Department of Haryana. A complaint
was lodged by the Dewar younger brother of the deceased husband) about her
remarriage. It was submitted by the petitioner that there was a litigation pending
between her son and the complainant/brother-in-law regarding a separate plot
and that the complaint in question had been filed in a bid to grab the said plot.
The inquiry into the allegations was conducted and a report was filed by the
officials therein that the petitioner had not remarried after the death of her
husband and that she had not performed the krewa marriage. The family
pension was, however, still discontinued notwithstanding the report of the SDM
concerned about the petitioner having not been remarried. Thus, the facts of the
said case are not applicable to the facts and circumstances of the present case.
Otherwise also, the entitlement of the family pension under Service Law is an
altogether separate proposition of law as compared to the provisions of grant of
financial assistance under the Social Security Scheme. The grant of family
pension to a widow, despite remarriage, is under service law and is in the nature
of a right of inheritance and the same cannot be taken away. As compared to the
same, the financial assistance under the said Social Security Scheme is not a
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right which vests in a person. The eligibility conditions for availing benefits
under a Financial Assistance Scheme are required to be continued for the entire
duration, for which the benefit under the said scheme is being availed. Service
Law Jurisprudence does not mandate the continuation of the same status for
claiming the benefit since the right to claim the widow pension accrues in
favour of the widow on occurrence of a specific event i.e. death of her husband
and does not require continuity of the same status.
It is thus apparent that the reference to the said judgment is
misplaced and is not based upon the understanding the conceptual difference
between the death-cum-retirement benefit vis-a-vis the Financial Assistance
Scheme of the State Government.
Similarly, the judgment dated 22.04.2014 passed in the matter of
Ram Rati Devi Versus State of Haryana and Others also relates to the grant of
family pension. The same thus needs no further elaboration. It appears that the
abovementioned judgments have been cited by the counsel for the petitioner by
reading the title head "Pension" and without examining the applicability
thereof.
For the grant of financial assistance under the Social Security
Scheme, a widow claiming benefit, is required to establish that she fulfilled the
eligibility conditions for the entire duration for which the financial assistance
has been availed by her. As soon as the disqualification or ineligibility is
acquired, the financial assistance under the Welfare Scheme is liable to be
stopped.
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Further, where a benefit has been obtained by suppression of true
facts, recovery rights have been granted to the State Government. It is also
noticed that the petitioner does not dispute having performed a krewa marriage
with Buja Ram and that four children have also been born out of the said
relationship. It is, of course, shocking for this Court that a woman would give
primacy to her widowhood and empress her krewa marriage to be an invalid
marriage, merely for seeking financial assistance meant for welfare of the
widow women.
For the foregoing reasons, I find that there is no illegality in the
order passed by the respondents directing the petitioner to deposit the amount of
financial assistance obtained by her towards widow pension by suppressing true
and correct facts about her marital status.
The present petition is devoid of merit and is accordingly
dismissed.
(VINOD S. BHARDWAJ)
14.11.2024. JUDGE
rajender
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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