Kareva wedding amounts to remarriage by widow: Court

Saurabh Malik

Tribune News Service

Chandigarh, April 3

When Suman married her brother-in-law three years after her husband’s death, she diligently moved an application for stopping pension under a welfare scheme. After she was confronted with a recovery notice, Suman claimed that a Kareva marriage did not amount to remarriage. Her argument failed to find favour with the Punjab and Haryana High Court.

Kareva or ‘Chaddar Andazi’ is performed in case of remarriage by a widow. The future husband puts a “chaddar” or white sheet over the would-be wife’s head as part of the ceremony.

A Division Bench of the High Court had already held that there was ample evidence available to suggest that “chunni” ceremony was a prevalent form of marriage. Even under customary law, certain customary forms of marriage, including “Chaddar Andazi”, hadbeen recognised.

Appearing before Justice Gill’s Bench in the present case, Suman’s counsel sought the quashing of a memo dated November 17, 2017, calling upon the petitioner to deposit widow pension under the Haryana Pension to Widows and Destitute Women Scheme Rules, 1988-1989. The amount was sought on the grounds that she was not entitled afterher remarriage.

The counsel, on the other hand, submitted that she was entitled to receive the pension despite her Kareva marriage. Elaborating, he contended that there was no bar in the scheme for release of pension to a widow who remarried subsequently. In any case, a Kareva marriage did not translate into remarriage.

Justice Gill asserted that pension was released to the petitioner under a social security scheme which aimed to provide for women rendered destitute due to death, physical or mental incapacity or desertion by husband. There was nothing on record to indicate that the petitioner was a destitute.