'Nata Vivah' Recognised As Marriage: Rajasthan High Court Directs Family Pension To Deceased Govt Employee's Wife
Considering that Nata Vivah is also considered as a form of marriage in rural areas of Rajasthan, the Rajasthan High Court has directed grant of family pension to a woman, who performed the customary marriage with the deceased government employee.
For context, Nata Vivah is a practice prevalent in some of the rural areas of Rajasthan where after death or separation from existing husband, she enters into a contractual type of marital relation with a man
Justice Ashok Kumar Jain noted that “Nata Vivah” was also recognized by Section 7 of the Hindu Marriage Act, 1955, if performed in accordance with customary rites and ceremonies.
The Court was hearing a petition by a women claiming to be legally wedded wife of the deceased employee and thus seeking family pension post the employee's death which was denied by the State for the lack of any official record of the marriage.
It was the case of the petitioner that after the death of his first wife, the deceased had solemnized a nata vivah with her and out of the wedlock they also had a daughter. Subsequently, a maintenance case was filed by the petitioner against the deceased which was ruled in her favour.
This was followed by a case for enhancement during which the deceased had also admitted to their marriage. Hence, it was argued that the petitioner was entitled to the family pension.
On the contrary, the State submitted that the petitioner was not nominated as a family member of the deceased. Furthermore, a Nata Vivah could not be termed as marriage, hence the petitioner was not entitled to the family pension.
After hearing the contentions, the Court took into account the records of the maintenance cases between the petitioner and the deceased employee, and highlighted the latter's admission in relation to this marriage with the petitioner, as well as payment of maintenance to her.
The Court further observed, “It is necessary for the Court to consider about “Nata Vivah”. It is a practice prevalent in some of the rural areas of Rajasthan where after death or separation from existing husband, she enters into a contractual type of marital relation with a man… Thus, there is no dispute about the fact that Nata Vivah is also considered as a form of marriage in rural areas of Rajasthan. Therefore, considering the admission, we can draw a conclusion that the present petitioner is wife of deceased Government servant Puran Lal Saini.”
Regarding argument of the petitioner not being nominated as family member, reference was made to the coordinate bench decision in Urmila Devi v State of Rajasthan that held that even if there existed matrimonial disputes between the husband and wife, and the latter was not nominated as a family member, she was entitled to service benefits after the employee's death as she was not legally divorced.
In this background, the petition was allowed, and the petitioner was held to be entitled to receive the family pension.
Title: Ram Pyari Suman v the State of Rajasthan & Ors.
Citation: 2026 LiveLaw (Raj) 24