FOR INFORMATION OF OUR VETERANS
This is regarding the eligibility of Family pension to a Judicially Separated spouse.
We are all in a opinion that a Divorced Spouse is not eligible for family pension after the death of pensioner. But it is not so;
If a male Govt.servant dies leaving behind a Judicially separated widow and no child or children , the family pension shall be payable to the widow . If the judicial separation was granted on the ground of ADULTERY and the widow was held guilty of committing Adultery, no Family pension shall be payable.
In a normal Divorce, the widow shall be eligible for Family pension.
As per CCS Pension Rule 1972, Sub Rule- 54 ( 11-A and 11-B) ,
A divorced Widow other than Adultery case, is eligible for family pension after the death of pensioner under the following conditions:
a) If there is no Child or children or children become In-eligible , the Family pension shall be payable to the Divorced widow till her death or remarriage which ever is earlier.
b) If the child or children are Minor, then the divorced widow is eligible for Family pension as a Guardian for the children.
Note:
Here , some times the parents of the deceased , ( married pensioner) claim for family pension stating that the widow was divorced with their son, hence no pension to her and family pension may be granted to Mother or father of the deceased.
This situation is applicable only if the deceased was a bachelor and not in case of Married person. After marriage, all the benefits go to spouse or children only.
All our veterans may please note the same for reference.
