Divorced Daughter Entitled to Family Pension If Divorce Proceedings Began During Parent’s Lifetime

In a relief-filled decision for many women, the Calcutta High Court has ruled that a divorced daughter is entitled to family pension if she was dependent on the pensioner and if divorce proceedings had started during the parent’s lifetime. The judgment brings clarity on how family pension rules should be applied in such cases.

The case involved a former employee of South Eastern Railway who retired in 1983 and passed away in 2013. His daughter, who was divorced and financially dependent on him, applied for family pension. However, in 2022, the railway authorities rejected her claim, stating that the divorce suit was filed after the death of her parents and that she could not be treated as a dependent.

The daughter challenged this decision before the Central Administrative Tribunal (CAT). She explained that her husband had deserted her in 1995 and that she had been living with and dependent on her father since 1997. She also stated that divorce proceedings had already begun during her father’s lifetime. After examining the facts, the Tribunal allowed her claim in 2024 and directed the authorities to grant her family pension.

The Union of India then moved the Calcutta High Court against the Tribunal’s order. It argued that as per government rules, the divorce decree must be granted during the pensioner’s lifetime. It was also claimed that the daughter failed to prove her financial dependency on her father at the time of his death.

The High Court, however, took a different view. It noted that the daughter had been deserted by her husband in 1995 and had no independent source of income. She had been staying with her father since 1997. Importantly, the court observed that divorce proceedings were indeed initiated during the lifetime of the pensioner, including a suit filed by her husband in 1996.

The court also referred to later court findings which confirmed that the daughter was deserted during her father’s lifetime. Relying on a 2017 Office Memorandum of the Department of Personnel and Training, the judges held that family pension should be granted if divorce proceedings started while the pensioner or spouse was alive, even if the divorce was finalized later.

Distinguishing this case from an earlier judgment cited by the government, the court noted that in the earlier matter, the applicant had failed to prove both dependency and the initiation of divorce proceedings during the parent’s lifetime. As these facts were clearly established in the present case, the court upheld the Tribunal’s order.

With this, the Calcutta High Court dismissed the petition filed by the Union of India and confirmed the divorced daughter’s right to receive family pension, marking a significant step toward social security and fairness.

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