The Allahabad High Court has ruled that an estranged wife has the legal right to receive family pension after her husband’s death, even if she was living separately but was financially dependent on him.
Justice Manju Rani Chauhan delivered the judgment while allowing the writ petition filed by Urmila Singh. Singh had been receiving ₹8,000 per month as maintenance from her husband under family court orders. Her husband, an assistant teacher, retired in 2016 and received pension until his death in 2019.
After his death, Singh applied for family pension, but her request was denied because her name was not listed in the documents submitted by her husband at the time of retirement. Challenging this, she approached the High Court and provided proof of her marital status through a Gram Pradhan certificate.
The Court held that Singh, aged 62, was entitled to family pension since she was legally married to the deceased and was dependent on him. It observed that under the U.P. Retirement Benefit Rules, 1961, “family” includes the wife, then the husband, followed by children and other heirs. Rule 7 specifically provides that family pension must be paid to the widow first, and only in her absence to the eldest son.
Since the couple’s sons were adults and financially independent, they were ineligible to claim the pension. The Court emphasized that family pension is a statutory entitlement, not a matter of charity or discretion.
Referring to a Kerala High Court judgment (Union of India v. Sathikumari Amma), the Court reiterated that family pension cannot be revoked or denied by any nomination or declaration made by the deceased employee.
On July 27, the Court directed the authorities to release the pension in favor of Urmila Singh, recognizing her lawful right as the widow.
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