• Pension eligibility of divorced daughter in case of death of government servant, police dept

Hello Sir/Madam.
My deceased father was a police constable with the state of AP. After his death in 2016, my widow mother is receiving family pension however, I am the eldest daughter of my father. I am separated from my spouse for the past 4 years and the legal separation ( divorce proceedings ) has not been initiated as of yet. Though educated, I am dependant on my mother and due to this, my mother is not looking after my basic necessities and is ignoring my well-being. Out of my 2 married younger sisters, 1 of them has received my father's job and the other one is a doctor-to-be ( a house surgeon at the moment, is awaiting a govt job ).

Due to my mother neglecting my basic necessities and well being, Am I eligible to claim half(or a part) of the family pension ? If Yes, what procedure should be followed for applying the same?
Asked 4 years ago in Family Law
Religion: Hindu

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10 Answers

1. You are still not divorced for which you are not entitled to co-share the pension of your late father being his dependent daughter.

2. You can claim maintenance from your husband.

4. You being a married, adult and educated woman may not be able to get any direction from the Court upon your mother to maintain you and look after your well-being.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

No. 1/13/09 – P&PW (E)

Government of IndiaMinistry of Personnel, P.G. & Pensions

Department of Pension & Pensioners’ Welfare clarification.

3rd Floor, Lok Nayak Bhawan,

Khan Market, New Delhi,

19th July, 2017.

OFFICE MEMORANDUM

Sub: Eligibility of divorced daughters for grant of family pension – clarification regarding.

Provision for grant of family pension to a widowed/divorced daughter beyond the age of 25 years has been made vide OM dated 30.08.2004. This provision has been included in clause (iii) of sub-rule 54 (6) of the CCS (Pension), Rules, 1972.

2. As indicated in Rule 54(8) of the CCS (Pension) Rules, 1972, the turn of unmarried children below 25 years of age comes after the death or remarriage of their mother/father, i.e., the pensioner and his/her spouse. Thereafter, the family pension is payable to the disabled children for life and then to the unmarried / widowed / divorced daughters above the age of 25 years.

3. It was clarified, vide this department Office Memorandum of even number, dated 11th September, 2013, that the family pension is payable to the children as they are considered to be dependent on the Government servant / pensioner or his/her spouse. A child who is not earning equal to or more than the sum of minimum family pension and dearness relief thereon is considered to be dependent on his/her parents. Therefore, only those children who are dependent and meet other conditions of eligibility for family pension at the time of death of the Government servant or his/her spouse, whichever is later, are eligible for family pension. If two or more children are eligible for family pension at that time, family pension will be payable to each child on his/her turn provided he/she is still eligible for family pension when the turn comes.

4) was clarified that a daughter if eligible, as explained in the preceding paragraph, may be granted family pension provided she fulfils all eligibility conditions at the time of death/ineligibility of her parents and still on the date her turn to receive family pension comes. Accordingly, divorced daughters who fulfil other conditions are eligible for family pension if a decree of divorce had been issued by the competent court during the life time of at least one of the parents.

5. This department has been receiving grievances from various quarters that the divorce proceedings are a long drawn procedure which take many years before attaining finality. There are many cases in which the divorce proceedings of a daughter of a Government employee/pensioner had been instituted in the competent court during the life time of one or both of them but none of them was alive by the time the decree of divorce was granted by the competent authority.

6. The matter has been examined in this department in consultation with Department of Expenditure and it has been decided to grant family pension to a divorced daughter in such cases where the divorce proceedings had been filed in a competent court during the life-time of the employee/pensioner or his/her spouse but divorce took place after their death – provided the claimant fulfils all other conditions for grant of family pension under rule 54 of the CCS (Pension) Rules, 1972. In such cases, the family pension will commence from the date of divorce.

7. This issues with the concurrence of Ministry of Finance, Department of Expenditure, vide their ID No. 1(11)/EV/2017, dated 7th July, 2017.

(D.K. Solanki)

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

You are not entitled to family pension as you are only separated and not divorced

Furtheronmy on demise of mother if you are divorced can you seek family pension

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

1. For claiming the share of the pension of your late father, you shall have to establish that you have become dependent on his pension. You can not claim to be the co-sharer of your late father's pension when you are legally considered as wife of some one. You can not claim your share from the pension receives by your mother from the date of your filing the divorce suit.

2. You shall have to file an application before the pension authority to pay you 50% of the pension being paid to your widow mother submitting document to prove that you are divorced from your husband and do not get any maintenance/alimony and have become dependent on your late father's pension..

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

You have no right on the pension received by your mother. Please start working and help yourself and maintain

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

You can claim family pension only after your divorce not from date of filing for divorce

2) OM 2017mentions 6. The matter has been examined in this department in consultation with Department of Expenditure and it has been decided to grant family pension to a divorced daughter in such cases where the divorce proceedings had been filed in a competent court during the life-time of the employee/pensioner or his/her spouse but divorce took place after their death – provided the claimant fulfils all other conditions for grant of family pension under rule 54 of the CCS (Pension) Rules, 1972. In such cases, the family pension will commence from the date of divorce.

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

hello

you have been living separately from your spouse and are not divorced therefore your first right is on your husband and therefore you should first file a maintenance application u/s 125 against your husband. were you living with your mother these past years? also, the parents are liable and should maintain you if the husband is unable to maintain you. therefore file divorce proceedings against the husband.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Dear Client,

Married daughter or crossed 25 years of age or till started earning, whatever comes first,not entitle to family pension.

https://cpao.nic.in/pdf/FP_160113.pdf

But Divorced daughter or during pendency of divorce petition is entitle to family pension.

https://www.thehindubusinessline.com/news/daughters-to-get-family-pension-even-during-pendency-of-divorce-case/article9823218.ece

First refer this notification to pension department for part payment of pension or writ in High Court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Since you are still married and not divorced yet, it is the duty of your spouse to maintain you or to pay maintenance amount to you.

In any case you cannot claim any share out of the family pension that your mother is receiving.

You can file a maintenance case against your husband and not against your mother.

Being a married woman and if you are not employed or not able to sustain yourself, then you may have to file a maintenance case seeking the maintenance and residence as well other compensation from your husband alone and not from your mother.

Dont take any hasty steps on any misguidance.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

1. Am I eligible to claim a part of the Family pension from the date on which I now file the Divorce proceedings even though my Father has expired but my mother is still alive and is receiving pension ( thereby being termed as the current Pensioner ) ?

No, you are not eligible to claim family pension or maintenance from your mother even if you are divorced by a court decree. You are entitled to claim maintenance from your spouse alone.

2. After filing for Divorce...what is procedure for me to apply for a part of the pension and whom do I approach for applying the same pension along with the documents that may be required for applying for the same?

If you are not eligible for family pension of your father then the subsequent questions do not arise.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

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