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The Commissioner vs Ariyamala on 1 April, 2002

18. If the facts are tested in the teeth of the above ratio laid down by the Apex Court, I have no hesitation to hold that the factum of marriage between the plaintiff and Subramani, son of Govindasamy after the death of her husband Subramanian, son of Rangasamy, merely based on the document marked as Ex.B4 has not been proved. If that be so, the refusal to pay the family pension to the plaintiff from 1.1.199 0 as per the letter dated 14.6.1990, in my considered opinion, is held to be illegal, as rightly held by the learned Additional District Judge, Pondicherry. Hence, finding no substantial question of law, this second appeal is dismissed. No costs. Consequently, C.M.P.No.2551 of 2002 is also dismissed.
Madras High Court Cites 7 - Cited by 0 - P D Premkumar - Full Document

The Commissioner Office Of The Regional ... vs Ariyamala And The General Manager ... on 1 April, 2002

18. If the facts are tested in the teeth of the above ratio laid down by the Apex Court, I have no hesitation to hold that the factum of marriage between the plaintiff and Subramani, son of Govindasamy after the death of her husband Subramanian, son of Rangasamy, merely based on the document marked as Ex.B4 has not been proved. If that be so, the refusal to pay the family pension to the plaintiff from 1.1.1990 as per the letter dated 14.6.1990, in my considered opinion, is held to be illegal, as rightly held by the learned Additional District Judge, Pondicherry. Hence, P.D. DINAKARAN, J. finding no substantial question of law, this second appeal is dismissed. No costs. Consequently, C.M.P.No.2551 of 2002 is also dismissed.
Madras High Court Cites 7 - Cited by 0 - P D Premkumar - Full Document

Mohan Gopichand Janabandhu vs Anita Mohan Janabandhu on 10 January, 2020

Whereas in the case of Surjit Kaur Vs. Garja Singh & Others, the issue had arisen in a suit for possession on the basis of title. Court refused to give recognition as of husband and wife on the basis of cohabitation. In that case, there was marriage performed in karewa form. The parties had not adduced the evidence about ceremonies required to be performed in that marriage.
Bombay High Court Cites 13 - Cited by 0 - S M Modak - Full Document

Gopala Gounder vs Kasi Ammal And Anr. on 2 November, 1998

In Surjit Kaur v. Garja Singh and Ors. (1994)1 L.W. 38 (S.C.), was a case of widow getting remarried and the marriage was based on custom. The Honourable Supreme Court held that unless the custom was pleaded and proved, the marriage cannot be taken as proved. Factually also, the case of marriage was not proved. The other two cases were cases of bigami under Sections 494 and 495 of the Indian Penal Code. I do not think that those decisions have any relevance to the facts or this case.
Madras High Court Cites 28 - Cited by 1 - Full Document

Badri And Ors. vs Jata Shankar And Another on 3 February, 2020

13. The Apex Court in the case of Surjit Kaur v. Garja Singh [ A.I.R. 1994 SCC 135.] , has held that where customary marriage is pleaded but the custom is not pleaded and there is no evidence of the nature of the ceremonies performed in marriage in such a case from the evidence that the parties were living together as husband and wife does not itself show that it would confer status of husband and wife."
Allahabad High Court Cites 10 - Cited by 0 - R Kumar - Full Document

Ram Lakhan vs J.D.C. & Others on 12 July, 2021

13. The Apex Court in the case of Surjit Kaur v. Garja Singh [ A.I.R. 1994 SCC 135.] , has held that where customary marriage is pleaded but the custom is not pleaded and there is no evidence of the nature of the ceremonies performed in marriage in such a case from the evidence that the parties were living together as husband and wife does not itself show that it would confer status of husband and wife."
Allahabad High Court Cites 11 - Cited by 0 - R Kumar - Full Document
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