Widow entitled to pension after ‘karewa’ marriage to deceased husband’s brother: Punjab and Haryana High Court
Justice Harpreet Brar said that 'karewa' marriages are recognised under the law and help provide support to minor children, preserve the dignity of widows, and ensure care for elderly parents.
4 min readChandigarhUpdated: Feb 26, 2026 06:00 PM IST
The Punjab Haryana High Court underscored the broader constitutional context, describing a family pension as a social security measure vital for dignified survival. (Express photo)
In a judgment delivered on January 29, Justice Harpreet Singh Brar held that the family pensions of widows who enter into karewa marriages should not be stopped merely because of such remarriage, particularly when they continue to live within the communal household of the deceased husband’s family.
The court directed the restoration of family pension in favour of the petitioners, along with arrears and interest, and set aside any recovery actions taken against them.
The ruling came in two connected writ petitions: one filed by Uma Devi against the Managing Director of Uttar Haryana Bijli Vitran Nigam Limited (UHBVNL) and others (CWP-1423-2019), and the other by Parsani Devi against the Haryana and others (CWP-15396-2000). Both cases involved widows whose family pensions were discontinued after their karewa remarriages to the brothers of their deceased husbands, who were government employees.
In the lead case, the petitioner was married to Alam Singh, an assistant lineman with UHBVNL who died on July 16, 1988. The couple had two children. Following prevailing customs, the widow remarried Anand Singh, the younger brother of the deceased, on November 6, 1990, through a karewa marriage. She was initially granted a family pension in her own name, but it was later credited to her minor children. After her son turned 25 and her daughter married, the pension was fully stopped.
Section 7 of Hindu Marriage Act
The authorities argued that rules under the Family Pension Scheme 1964 (applicable via Punjab Civil Services Rules) and the Haryana Civil Services (Pension) Rules 2016 disqualify a widow from family pension upon remarriage. They claimed karewa is a valid marriage under section 7 of the Hindu Marriage Act 1955, and thus terminates entitlement.
Justice Brar rejected this mechanical application of the rules. He emphasised the social purpose of karewa marriages. This customary practice, which is also recognised under Section 7 of the Hindu Marriage Act, aids in providing patronage to minor children, preserving the dignity of widows and ensuring continuity of care for aged parents, the judge observed.
He further noted that upon such remarriage, ties with the matrimonial family remain intact, and the new husband shoulders moral responsibility for the widow and children. “The petitioner has continued living a communal life with the family of her deceased first husband even after the karewa marriage,” Justice Brar pointed out, adding that she had not remarried into a new family but stayed within the deceased’s household.
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The court explained that the legislative intent behind disqualifying remarried widows from family pension is redistributive, not punitive. It assumes the new family takes over financial responsibility, redirecting benefits to vulnerable dependents like children or parents. However, disqualification does not apply where dependency persists due to the communal living arrangement.
Social realities above mechanical interpretation
Justice Brar underscored the broader constitutional context, describing a family pension as a social security measure vital for dignified survival. “Oftentimes, retiral benefits are the only source of income for many families, especially when the primary breadwinner has passed away,” he wrote.
He invoked Article 21 of the Constitution, stating that the right to life includes a dignified existence, not mere animal-like survival, and cited Supreme Court precedents like D K Nakara vs Union of India and Francis Coralie Mullin vs Administrator, Union Territory of Delhi.
“The State as a model employer is required to remain alive to social realities while implementing service rules and not to defeat the beneficial purpose of a social welfare scheme through mechanical interpretation,” Justice Brar asserted.
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The court allowed the petitions, directing restoration of the family pension from the date it was stopped, along with arrears and interest. It also quashed any recovery orders.
Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US.
With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath.
Professional Background & Expertise
A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius
Her key focus areas include:
Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights.
International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila.
Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok.
Recent Notable Articles (Late 2025)
Her recent reportage focuses heavily on judicial interventions and regional governance:
1. Environment & Governance
"‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land.
"High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections.
2. Legal Rights & Social Welfare
"HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019.
"Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling.
"HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits.
3. Human Rights & Identity
"As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament.
"Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices.
Signature Beats
Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context.
Contact
@grewal_sharma on X
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