Cannot withhold family pension from widow dueto divorce proceedings during husband’slifetime: Jammu and Kashmir High Court.

Justice Rahul Bharti held that family pension is a right under law which can be taken away only
if permitted by the law.
Jammu & Kashmir High Court
The Jammu & Kashmir and Ladakh High Court recently ruled in Sonika Sharma v. Union of
India that a widow cannot be denied a family pension after her husband passes away on the
grounds that the couple was going through a divorce at the time of his death.
Family pension is a legal right, according to Justice Rahul Bharti, and it can only be taken away
with the consent of the law. The single judge reasoned that “there is not even one single legal provision cited in the respondents’ reply or objections as to why the respondents are enabling themselves to deny the petitioner’s claim for sanction and grant of family pension.”
A widow’s petition for her deceased husband’s pension was being heard by the High Court. He
was a constable in the Border Security Force (BSF) until 2015.
As her husband’s parents had passed away and the couple had no children, the widow in this
instance was the only legitimate heir. Because her name couldn’t be found in the deceased person’s pension records, the petitioner’s request to the commanding officer for permission to release the family pension was ultimately denied. The response added that the petitioner’s case for processing the family pension would not be considered due to her divorce petition.
The High Court, however, disregarded this justification and deemed the respondents’ position to be purely frivolous and devoid of any legal support. The respondents were therefore given the go-ahead to approve and award family pension in accordance with the laws in favor of the petitioner, along with all retroactive benefits. Additionally, it was mandated that this procedure be finished within three months of the respondents receiving this order. While Central government standing counsel Ranjit Singh Jamwal represented the Central
government, advocate PS Pawar appeared on behalf of the petitioner.
Written By- Tushar Vashisth students of 3rd year BBA LLB at Chandigarh University

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