Journalism of Courage
Child born after remarriage no bar to widow’s family pension: Kerala High Court
The court passed the order on a plea by a mother of a deceased government servant who sought family pension instead of the employee’s widow, who had remarried and subsequently had a child.
The Kerala High Court held that remarriage by a widow by itself neither changes her status as a childless widow in the eyes of law nor disentitles her to receive the pension. (Image generated using AI)
A woman who had no children when her husband died does not lose her eligibility for pension as a “childless widow” if she remarries and later has a child, the Kerala High Court has ruled.
Justice Easwaran S. dismissed a plea by the mother of a government employee seeking family pension instead of her son’s widow, who had remarried and subsequently had a child.
‘The term ‘family’ in relation to a deceased government employee requires a direct proximity to that employee. The post-death relationships are totally irrelevant for determining the entitlement of family pension. A child born in a subsequent marriage has absolutely no legal connection to the deceased government servant,’ the court said in its order dated August 10.
Justice Easwaran S dismissed the mother’s plea for pension.
Why court dismissed mother’s plea
The petitioner’s son died while in service. She argued that after her daughter-in-law remarried and gave birth to a child in her second marriage, she ceased to be a “childless widow”, so no longer qualified for pension. The family pension should come to her, she said in her plea.
Her daughter-in-law’s lawyer, however, said she remained entitled to family pension under the Central Civil Services (Pension) Rules, 1972, which permit a childless widow to continue receiving pension even after remarrying if her income from other sources is below the prescribed minimum family pension.
The court observed that unlike a civil right, which revolves around a person on the basis of personal law of inheritance, the right to receive the pension must be judged in the context of the statutory rules alone.
A widow remarrying by itself neither changes her status as a childless widow in the eyes of law nor disentitles her to receiving the pension, the court said, adding that the word ‘family’ needs a direct proximity to the deceased employee. The court held that if a child is born to the widow in a subsequent marriage, it had no legal connection with the deceased man.
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Dependent parents can claim family pension only when the employee is not survived by a widow or an eligible child. ‘In the present case, since the 6th respondent, the widow of late employee…is still alive, she holds the primary eligibility for drawing family pension. The petitioner, who is the mother of the deceased employee, cannot claim pension in her place merely because the 6th respondent has a child in the second marriage,’ the order read.
The court held that the authorities were justified in stopping the payment of family pension to the mother, and dismissed her petition.
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