Family pension can be granted based on long cohabitation and self-declaration, even without a marriage certificate.

The applicant, Sobhanakumari, claimed to be the widow of the late V.S. Ajayakumar, a Gatekeeper who passed away intestate on September 14, 2008, while in service

She sought family pension and other retirement benefits, asserting her status as his legally wedded wife and mother of their three sons

Ajayakumar had submitted an Annexure A2 family composition declaration to the respondents, listing Sobhanakumari as his wife and their three sons, Akhil, Abhilash, and Abhijith, born in 1985, 1987, and 1993, respectively

This declaration was signed by Ajayakumar, affirming its correctness

A legal heirship certificate issued by the Tahsildar, Trivandrum, on May 21, 2009 (Annexure A2), also identified the applicant as the legally wedded wife and mother of the children

Subsequently, one Maheswari filed OP No. 1668/2011 before the Family Court, Nedumangad, claiming to be Ajayakumar's legally wedded wife

The applicant was the first respondent in this case, which she contested

The Family Court dismissed Maheswari's OP by judgment dated November 25, 2014 (Annexure A5)

Maheswari then appealed to the Hon'ble High Court (MAT Appeal No. 57/2015), but she passed away during its pendency, and her siblings sought to be impleaded

The High Court dismissed the appeal by judgment dated July 30, 2024 (Annexure A6), without adjudicating the merits

The respondents contended that without a marriage certificate, the applicant's claim could not be entertained, as the High Court had not made findings on merits

1. Whether the applicant, Sobhanakumari, is entitled to family pension and other retiral benefits as the legally wedded wife of the deceased V.S. Ajayakumar

2. Whether a marriage certificate is an absolute prerequisite to establish the status of a legally wedded wife for the purpose of receiving family pension and retiral benefits, despite a self-declaration by the deceased and a legal heirship certificate

The court relied on the principle that long cohabitation can be sufficient to assume the status of a wife, even in the absence of explicit proof of marriage, as per the decision in *Shiramabai and Ors v. Captain, Record Officer for O.I.C Records, Sena Corps Abhilekh, Gaya Bihar State and Anr* [(2024) 16 SCC 773]

This principle allows for the recognition of matrimonial status based on circumstantial evidence like a deceased employee's self-declaration regarding family composition and a legal heirship certificate

The court found that V.S. Ajayakumar’s self-declaration of family composition, submitted to the authorities, explicitly identified the applicant as his wife

This was further corroborated by the legal heirship certificate issued by the Tahsildar, which also recognized the applicant as Ajayakumar's legally wedded wife and the mother of their three children

The court noted that Maheswari's claim to be Ajayakumar's legally wedded wife was dismissed by the Family Court, and her subsequent appeal was dismissed by the High Court without reaching the merits

Citing *Shiramabai and Ors v. Captain, Record Officer for O.I.C Records, Sena Corps Abhilekh, Gaya Bihar State and Anr* [(2024) 16 SCC 773], the Tribunal reasoned that even without a marriage certificate, long cohabitation could establish a woman's status as a wife

The court concluded that the self-declaration by Ajayakumar and the legal heirship certificate, especially after his death, suffice to establish the applicant’s status, making it unreasonable to insist on a marriage certificate

The Tribunal directed the respondents to grant family pension and other retiral benefits to the applicant, Sobhanakumari, following the death of V.S. Ajayakumar

This claim is to be processed within 90 days from the receipt of the order