Gujarat High Court Directs AMC to Grant Family Pension to Second Wife
The Gujarat High Court has issued a landmark ruling, ordering the Ahmedabad Municipal Corporation (AMC) to award family pension to the second wife of a deceased employee. The court firmly rejected the civic body's insistence on a registered nikahnama as the sole proof of marriage, emphasizing the validity of alternative evidence presented in the case.
Case Background and Legal Proceedings
According to the case details, Mohammed Hanif Shaikh, an employee in the AMC's estate department, first married Rehanabanu, with whom he had two children. Following Rehanabanu's death in July 2007, Shaikh entered into a second marriage in December 2007 with Farzanabanu, solemnized according to Islamic law rituals. Shaikh passed away in 2011, after which Farzanabanu applied for family pension from the AMC.
The AMC denied her claim, leading Farzanabanu to approach the Gujarat High Court in 2016. Initially, the court directed the AMC to assess the marriage's validity, but after the civic body again rejected her application, she filed a second petition. In her defense, Farzanabanu submitted multiple documents, including:
- A nikahnama (marriage certificate)
- An affidavit from the qazi who performed the nikah
- Her maintenance application in family court, where Shaikh had admitted to the marriage
- A criminal case filed under Section 498A of the IPC, which was abated after Shaikh's death, along with its chargesheet
AMC's Objections and Court's Rebuttal
The AMC contested Farzanabanu's claim on several grounds, arguing that the nikahnama was not registered, there were no joint photographs of the couple, Shaikh had not informed his employer of the second marriage, her name was absent from the service book, and family members did not confirm the marriage. Additionally, Shaikh's two children from his first wife opposed her claim, despite having previously paid her Rs 2 lakh from his retiral dues as part of a settlement.
Justice M J Shelat of the Gujarat High Court found the AMC's demands for proofs like photographs and service record mentions to be "unfathomable." The court highlighted that the civic body had erroneously overlooked overwhelming documentary evidence, including the maintenance application and criminal case, which substantiated Farzanabanu's status as the legally wedded wife.
Court's Final Directive
In its ruling, the High Court directed the AMC to recognize Farzanabanu as Shaikh's legally wedded wife, prepare her family pension papers, and issue an order granting her the pension. The court also mandated that arrears of the family pension be paid by May 15, ensuring timely financial support for the widow.
This decision underscores the judiciary's role in protecting the rights of individuals, particularly in cases involving marital recognition and pension entitlements, setting a precedent for similar disputes in the future.
