Estranged wife has right to receive family pension after husband's death, says Allahabad HC

Prayagraj: The Allahabad High Court has held that an estranged wife has right to receive family pension after the death of her spouse and her right is over that of the sons named as nominees by the husband in the records of his employer.

The judgement was passed by Justice Manju Rani Chauhan allowing the writ petition of Urmila Singh who was living separately from her husband but was completely dependent on the maintenance of Rs 8,000 given by her husband as per directions of family court in a maintenance case.

Singh's husband was an assistant teacher who retired in 2016 and was receiving pension till his death in 2019. After his death, Singh filed an application for receiving family pension which was rejected on the ground that her name was not mentioned in the details of family members in the documents submitted by her husband for sanction of pension.

Against this order, Singh approached the high court claiming that the fact that she was his wife and it was proved by the Gram Pradhan certificate. She was getting Rs. 8000 as maintenance.

The court held that the wife who is 62 years old and was receiving maintenance from the husband is entitled to the family pension.

In its judgment dated July 27, the court observed, "the family pension is statutory and beyond the employee's unilateral control. Family pension is recognized as a legal entitlement not charity." Accordingly, the writ petition is allowed and respondent authority is directed to release the family pension in favour of the petitioner.