Wife Entitled to Family Pension Even if Husband Dies During Matrimonial Dispute: Delhi High Court
The Delhi High Court has ruled that a wife cannot be denied family pension after her husband’s death just because matrimonial proceedings were pending, unless those proceedings had ended in a divorce.
The case involved Soni Devi, who approached the court after the Central Administrative Tribunal (CAT) restricted her arrears of family pension to October 16, 2014—the date she filed her petition—instead of August 2, 2009, when her husband passed away.
A division bench of Justices Navin Chawla and Madhu Jain held that Soni Devi was the legally wedded wife of the deceased and was entitled to family pension from the date of his death. The court rejected the argument that she was not included in the official list of family members or that another person had a claim based on an alleged unregistered will.
The High Court clarified that while there was a delay in filing for pension, such delay does not cancel a widow’s right to receive pension from the date of her husband’s death. The court stated that denying pension on the basis of a letter or unverified claims was unjustified.
Setting aside the CAT order, the court directed that Soni Devi must receive family pension with effect from August 2, 2009, along with arrears to be paid within four months and interest at 6% per annum.
This ruling reinforces that a widow’s right to pension cannot be denied due to pending matrimonial disputes unless there is a valid divorce decree.
Case Title: Smt. Soni Devi vs Union of India and Anr.
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