Widow can't be denied family pension on mere ground of divorce proceedings during husband's lifetime: Jammu & Kashmir and Ladakh HC

The Jammu & Kashmir and Ladakh High Court recently allowed a plea moved by a widow seeking family pension after the demise of her husband with whom she had marital litigation for divorce going on, which, on account of her husband's death, was discontinued.

The bench of Justice Rahul Bharti observed that the matter of earning family pension is a law given right which can be deprived to a person only in case the law is enabling/permitting such disentitlement, "which was not the present case".

The widow had filed the writ petition in 2017 after her application for sanctioning and releasing of the family pension and other benefits had been rejected. 

The deceased husband was serving in the Boarder Security Force as Constable and had retired in the year 2015. A year later, in 2016, he died. Thereafter, the woman moved an application for the family pension to be released in her favour before the Commanding Officer of the concerned Battalion in BSF. 

However, the Commanding Officer responded that as the widow’s name was not found in the pension record of the deceased and on account of the pendency of the petitioner’s divorce petition, the case for process of family pension in favour of the widow was not to be taken up. Aggrieved by such response, the widow moved the high court.

The counsel for the widow argued that she was entitled to the family pension as she had not re-married. 

However, opposing the petition, the respondent authorities submitted that the widow was earning monthly maintenance awarded by the court out of maintenance proceedings against her deceased husband during the course of his life.

They also stressed that the name of the widow was not mentioned in the pension papers of the deceased husband. 

The single judge bench noted that there was not even a single provision of law quoted in the reply/objections by the respondents as to on what basis they were denying the widow her claim.

"If read between the lines, the respondents are, at best, reading it to be a will of Vinay Kumar Sharma (the deceased) not to grant family pension after his demise in favour of the petitioner but that situation cannot be allowed to be used by the respondents," court underscored. 

Thus, the court held the stand taken by the respondent authorities "nothing but frivolous without any legal basis".

Court allowed the widow's petition and directed the respondent authorities to sanction and grant the family pension under the rules in her favour along with all retrospective benefits.

Case Title: Sonika Sharma vs Union of India