A Widow Cannot be Denied Family Pension During In Ongoing Divorce Proceedings At The Time Of Husband’s Death – J & K HC

The Jammu & Kashmir and Ladakh High Court has ruled that a widow cannot be denied family pension, even if divorce proceedings were ongoing between her and her husband at the time of his death. Justice Rahul Bharti emphasized that family pension is a legal right that can only be denied under circumstances permitted by the law.

The case was brought to the High Court by a widow who was seeking her deceased husband's pension. Her husband had been a constable in the Border Security Force (BSF) until 2015. Since the widow was her husband's sole legal heir and they did not have children, she was entitled to a pension.

The petitioner had requested the commanding officer to approve the release of her family pension, but her application was denied as her name was not found in the deceased's pension records. The response further stated that due to the petitioner's ongoing divorce petition, her request for the family pension could not be processed.

The High Court dismissed the respondent's argument as baseless and unfounded. As a result, the court directed the respondents to approve and provide the family pension to the petitioner, including all retrospective benefits as per the rules.

The court also ordered that the process be completed within three months of the respondents receiving the court's order.