Shiramabai (Smt.) & Ors. vs. The Captain, Record Officer for O.I.C. Records, Sena Corps Abhilekh, Gaya, Bihar State & Anr. (SC)

Hindu Marriage Act, 1955–Sec. 11–Evidence Act, 1872–Sec. 114–Presumption of the marriage between the parties being legal–Existence of–Marriage between S and A was dissolved on 15.11.1990–Thereafter, S had continued to cohabit with appellant no. 1 for eleven years till his demise–Two Children born from the relationship–Deceased approached before the respondent-authorities for seeking deletion of name of his earlier wife from his service record and for endorsement of the name of appellant no. 1 which was duly acted upon–Appellant 2 & 3 have been entitled to the estate of the deceased–Presumption of marriage between deceased and appellant no. 1 is existed–Appellant no. 1 is entitled to get the pension benefits.