You can avail the same provided you need to provide proof of divorce in form of decree etc for the same. I am afraid only on the oral testimony it will be difficult to avail it
Lady divorced 35 years back ,no papers available does not have any facts etc.
My younger sister 65 years aged,was divorced 35 years back,has no papers nor remember anything She was married to a gentlemen in Bengaluru ,marriage did not last for six months. Our late father who was Deputy secretary in Karnataka govt was looking into the same.my younger sister does not have any idea at all. My father had participated in Freedom struggle as a law student was imprisoned.He was given the TAMRAPATRA and post retirement from govt service was accorded FREEDOM FIGHTERS PENSION.He passed away 14 years back,my mother 15 years back. We have just yesterday by chance come across HON SUPREME COURT JUDGEMENT that divorced dependent daughter is also eligible for dependent pension. My sisters position is as explained above. Any possible solution for my sister.
Asked 5 years ago in Family Law
Religion: Hindu
19 Answers
We would keen to know if my sister has any chance. More than the pension it is the free CGHS health benefits .
Asked 5 years ago
You need to apply for certified copy of divorce decree form family court which granted divorce
2) in alternative contact her ex husband to obtain copy of divorce decree
Yes, its true that a divorcee daughter's whose parents are not alive can apply for pension.
She can obtain copy of divorce decree from court which granted her divorce
There is a chance of getting CGHS card to your sister if she has all Divorced papers or if she use her father's name as of now.
If your father was receiving pension under below scheme.
Freedom Fighters and members of their family receiving Central Pension under the Swatantrata Sainik Samman Pension Scheme.
You can try applying for the same.
If they rejects than serve them with the legal notice and than file a specific performance suit against the oension office.
- Yes, as per rule , a divorced daughter of any age of a government employee , is eligible to get pension of her father after his death.
- But , she cannot get the Freedom fighters pension , due to refusal of government of India.
- However , now this matter is before the Supreme Court , for the entitlement of a divorced woman to get her fathers freedom fighter pension .
Dear Sir/Madam,
You are suggested to write and confirm from the department as to what's their policy and also try to recollect and gather the document from concerned court. If required, the case may be filed in the court after confirmation of these things.
1. Let your sister apply for your father's family pension as a dependent, since your mother is also dead and your sister is also divorced to the Government authorities/Department, where your father was last serving.
2. Let your sister also enclose copies of your parents'death certificates, family tree, her divorce decree, and also an Affidavit mentioning that she is not receiving any other pension.
3. Also, let her enclose the Hon'ble Supreme Court judgement in this regard.
4. It's barred by limitation. Let her plead for condonation of delay.
Divorced daughter eligible for family pension with effect from 30.08. 2004. Give representation to the department to continue pension.If refused, she can file writ in high court for directions.
But she have to submit divorce proof/order. She has full chances.
Without knowing the details of her divorce nobody can help her.
She can contact any local advocate in Bengaluru and provide him at least some vague details about her divorce case or the court in which her divorce was granted or the place where she lived last so tht the information can enable the advocate to extract the details from wherever possible.
Whether pension or any other benefits, she has to prove her credentials.
If she is not able to provide the requisite details then nobody would be able to help her out to enable her to avail the benefits.
Vague guidance and misleading information by some unknown miscreants may cause you loss of money, energy and time, hence you better put some efforts to trace out the details and look for possibilities to collect the desired information authentically.
First see the rules of eligibility for such pension and the proof in support thereof.
2. i am certain apart form decree of divorce papers some other for f proof of divorce may also do.
3. An affidavit on this issue can serve the purpose.
First option is to obtain the certified copy of said Divorce Copy from concerned family court, going by your post, you do not have any details / idea of the case, as such, the basic option is ruled out.
Take a chance by approaching the concerned court and obtain the certified copy of divorce decree and proceed.
You contact a local lawyer, he / she will be able to help you.
Once you get the Divorce Decree it can be taken forward.
She must remember the district where the divorce was granted. You may go there and enquire from the family court.
She has a chance. If aftwr all your efforts you cannot locate the place where the divorce was granted then file for her dependent pension as it is a peculiar situation.
If she does not have the decree of divorce passed by the court then she must be knowing at least the court which passed the decree. She can then with the assistance of a local lawyer obtain the certified copy of the decree passed by the court.
As per government rules till 2004, family pension could only be granted to deceased government employee’s spouse and after his or her death to the dependent son or daughter below 25 years of age. In 2004, the rule was changed to stipulate that there will be no age restriction in the case of the divorced or widowed daughter who shall be eligible for family pension even after attaining 25 years of age.
If you remember the court from which the judgement was passed then you can contact some advocate or clerk from that court to help you get judgement of divorce.
