BENGALURU: The live-in partner of a policeman has won a court battle against his legally wedded wife, and will now get a family pension.
In a landmark order, the Karnataka High Court has recognised a live-in relationship and held the subsequent marriage of the policeman with another woman as invalid.
A division bench comprising Justice N K Patil and Justice Rathnakala last week declared the live-in partner Chamundamma (48) as the legally wedded wife, and asked the government to grant her all pension benefits.
The court also said wife Lakshmi would not be entitled to any benefits other than what she has already received.
Chamundamma had sought declaration of her relationship with constable Javara Naika J as legal and her son as his legal heir. The petition was filed against Naika’s wife Lakshmi, her children and the police department.
Living in with Naika since 1983, much before he tied the knot with Lakshmi, she supported her claim with photographs of herself with the constable, and their children. She also produced certificates of the children showing Naika as their father, a ration card and other documents.
Lakshmi contended she was Naika’s legally wedded wife. Their marriage was performed on June 17, 1988 at H D Kote. She produced an insurance policy, ration card, and police records where Naika had nominated her as his wife.
In Naika’s will, written a month before his death, he has bequeathed all benefits to Lakshmi and her children.
The police department had disbursed all benefits to Lakshmi, on the basis of his nomination.
The court, after considering the evidence, granted relief to Chamundamma and held she was legally married to Naika.
“We are coming across spouses in our society living in marital relationship, though not valid in the eye of law, still recognised by the society as husband and wife. If such a relationship is disrupted... it is the woman partner whose life is doomed and she will have no way to sustain herself,” observed the court.
Expressing sadness over the status of wives whose marriages are rendered void, the court observed, “Lakshmi is one such victim. She had lived with Javara Naika as his wife till his last breath, took care of him in his distress, bore children for him and was recognised as his wife.”
The court held Lakshmi could keep the death benefits already given to her. It ordered the grant of family pension benefits to Chamundamma and directed the police to give her son Revanna a job in the force.