[BSF] Jammu & Kashmir High Court Upholds Widow's Rights To Family Pension Despite Divorce Proceedings Pending During Husband's Lifetime

The Jammu and Kashmir and Ladakh High Court recently ruled that a widow cannot be denied family pension after husband's death on the ground that during his lifetime, divorce proceedings were ongoing between the couple.

The observations were made by Justice Rahul Bharti while hearing a widow's a plea seeking her deceased husband's pension who was serving in the Boarder Security Force (BSF) as a constable till 2015.

In the instant matter the widow was the sole legal heir as her husband's parents were no more and the couple did not have children.

After the demise of her husband the petitioner had moved an application before the commanding officer for sanctioning the release of the family pension, which came to be rejected on the ground that her name was not found in the pension records of the deceased.

The respondents clarifying their stand submitted that on account of the petitioner's divorce petition, her case for process of the family pension was not to be taken up.

The respondents further referred to the fact that the petitioner was earning monthly maintenance awarded by the Court out of maintenance proceedings against her deceased husband during the course of his life.

After anxiously considering the matter Justice Bharti held that family pension is a right under law which can be taken away only if permitted by the law.

"There is not even a single provision of law quoted in the reply/objections by the respondents as to on what basis the respondents are enabling themselves to deny the petitioner her claim for sanction and grant of family pension," the bench underscored.

Observing that the matter of earning family pension is a law given right which can be deprived to a person only in case the law is enabling/permitting such disentitlement, which is not the present case, the bench pointed that the stand taken by the respondents is nothing but frivolous without any legal basis.

In view of the same the respondents were directed to sanction and grant family pension under the rules in favour of the petitioner along with all retrospective benefits.

The bench further directed that this process be completed within a period of three months from the date that this order was received by the respondents.

Case Title: Sonika Sharma vs Union of India

Citation: 2023 LiveLaw (JKL) 74

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