Jaipur | Special Correspondent: Arun Sharma

In a judgment that blends legal clarity with social sensitivity, the Rajasthan High Court has ruled that a woman married under the traditional ‘Nata Vivah’ system is legally entitled to receive family pension after the death of her husband. The verdict is being seen as a compassionate affirmation of dignity and financial security for women living within long-standing social customs.


The ruling was delivered by a single bench of Justice Ashok Kumar Jain while allowing a petition filed by Ram Pyari Suman (60), whose claim for family pension had earlier been rejected by government authorities on technical grounds. The court directed the state to recognise her as the lawful wife of the deceased government employee and release pensionary benefits without delay.


‘Nata Vivah’, a form of customary marriage prevalent in certain communities of Rajasthan, had long remained in a legal grey area. The state had argued that such unions were merely contractual arrangements and not valid marriages. Rejecting this narrow interpretation, the High Court held that social reality, lived relationships and human dignity cannot be overridden by rigid technicalities.


The petitioner had contended that she lived with the deceased as his wife for several years, and their relationship was openly acknowledged, including in family court proceedings where the husband himself admitted the marital bond and his responsibility towards her and their daughter. The court observed that such admissions, cohabitation and social acceptance constitute strong and conclusive evidence of marital status.


In a poignant observation, the court noted that denying family pension in such cases would amount to penalising a woman for a socially recognised relationship, leaving her financially vulnerable after the loss of her life partner. “Law cannot remain blind to social customs when they are deeply rooted and practised over generations,” the bench remarked.


The High Court directed senior officials of the finance department, the pension and pensioners’ welfare department, and the concerned district administration to process and release family pension to the petitioner under the Rajasthan Civil Services (Pension) Rules, 1996.


Legal experts say the judgment sets a powerful precedent, reinforcing that justice must be humane, inclusive and reflective of societal realities. Beyond legal entitlement, the ruling sends a strong emotional message—that a woman’s lived relationship, companionship and contribution to a family deserve recognition, respect and security, even in the face of bureaucratic rigidity.