After a 15-year legal battle, Tara Devi Paudel and Babu Ram Paudel, sister-in-law and brother-in-law who turned spouses, are now able to live together as husband and wife, following the SC´s recent verdict. The couple originally hail from Syangja district.[break]
The Paudel duo had gotten married nearly 15 years ago after the death of Ishwari Prasad Paudel, then husband of Tara and elder brother of Babu Ram, while serving in the Indian military.
Kaski District Court on October 27, 2003 concluded that they had gotten married within "blood relations" and termed the marriage illegal. The district court, after convicting them of violating legal provisions concerning blood relations, had ordered both of them imprisoned for three years.
Pokhara Appellate court, upholding the district court verdict on June 11, 2006, also concluded that the marriage was illegal.
The Paudels, on September 29, 2007, filed an appeal at the SC, challenging the lower court verdicts and arguing that their marriage did not violate any legal provision as they had married as per their own wishes.
The full bench of SC Justices Kheel Raj Regmee and Mohan Prakash Sitaula, on August 30, 2010, nullified the verdicts handed down by the district and appellate courts, pointing out that the registration of the case was itself illegal.
In its ruling the apex court said, "The process of registering the case at Kaski District Court against the Paudel duo´s marriage was illegal. According to Article 10 of the Civil Code, the office (court) should have allowed proper registration of the case. It has been found that the then registrar of Kaski District Court had allowed registration of the case. But the registrar cannot take a final decision. Registration of the case should have been allowed by the judge. So, the bench hereby nullifies the verdicts of the subordinate courts."
Diwakar Upadhyaya Paudel, on June 30, 1997, first filed case against the marriage of Tara and Babu Ram, arguing that their marriage falls within "blood relations". The case was formally registered after the then district court registrar permitted it.
"The SC verdict means that the marriage between the Paudel duo is no longer legally questionable, but the verdict does not establish a legal precedent; the court must interpret the meaning of blood relations in a separate case," said noted lawyer Dr Yub Raj Sangraula, adding that the Paudels are no longer subject to legal punishment for their marriage.
Sangraula and lawyers Yamuna Bhattarai and Reeta Mainali had pleaded for the Paudels before the SC. According to documents filed at the SC, Tara had gotten married to Ishwari on May 12, 1986. Ishwari died on June 30, 1990 while serving in the Indian military.
As per provisions of the Indian Army Pension Regulations Act 196, the younger brother of a deceased soldier must marry his widowed sister-in-law if they want to claim the pension of the deceased.
Documents filed at the SC show that Tara and Babu Ram decided to marry so that they could get the pension as per the provisions of the Indian army pension regulations.
"Everybody should move according to the time and situation. One is free to marry the sister of one´s wife. So marriage between sister-in-law and brother-in-law is also possible," said Tara Devi Paudel, adding, "I was in serious problems following my husband´s death. The judiciary should legalize the matter, looking into the seriousness of issue also. I feel that the SC verdict is good."
Tara Devi had given birth to two daughters from her first husband. She also has a baby from her second husband, Babu Ram.
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