Definition Of Family Under Pension Regulations For The Army Includes A Judicially Separated Wife: Allahabad High Court
The Allahabad High Court dismissed a Petition challenging the Order of the Armed Forces Tribunal which had directed the grant of family pension to a widow.
The Allahabad High Court has clarified that the definition of a family under Pension Regulations for the Army, Part -I, 2008 (Regulations) includes a judicially separated wife as well.
The Court dismissed a Petition filed by the Union of India (Petitioner) under Article 226 of the Constitution challenging the Order of the Armed Forces Tribunal (Tribunal) which had directed the grant of family pension to a widow (Respondent). The Court upheld the Tribunal's finding that the Respondent was the legally wedded wife of the deceased and entitled to pensionary benefits.
A Division Bench of Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi remarked, “A bare perusal of the aforesaid provision indicates that the definition of family is very widely worded and it includes even a judicially separated wife. The Tribunal found that the deceased employee got married to his first wife on 04.07.1970 and after she had eloped and remarried Sri Diwani Ram, the first marriage of Late Ram Prasad was dissolved on 30.03.1972 in presence of Village Panchayat and thereafter he married the opposite party according to Hindu rites, rituals and customs on 21.01.1973 and the name of the opposite party is recorded in the revenue records which indicates that she is legally wedded wife of late Ram Prasad. The petitioners themselves had granted Rs.5,000/- to the opposite party for performing the last rites of her husband late Ram Prasad, which proves that the petitioners themselves admitted that the opposite party was wife of Late Ram Prasad.”
Deputy Solicitor General S.B. Pandey and Advocate Ajit Kumar Dwivedi represented the Petitioners.
Brief Facts
The deceased was working as a Sepoy before he retired and was receiving a pension. He was previously married to another woman, but as per the records, their marriage was dissolved in the presence of the village panchayat. Thereafter, he married the Respondent, and they had four children. A certificate issued by the Gram Pradhan confirmed this dissolution and subsequent marriage.
The Petitioners contended that a Hindu marriage can only be dissolved through a decree of divorce granted by a competent Court. They argued that since no judicial decree was obtained for the dissolution of the first marriage, the Respondent could not be recognised as the legally wedded wife of the deceased.
Tribunal’s Findings
The Tribunal had held that the Respondent’s name appeared in the deceased’s service documents as his wife. It also noted that she was receiving family pension from the Central Reserve Police Force (CRPF), establishing her legal status as the widow of the deceased.
The Tribunal noted that the Gram Pradhan's certificate, along with revenue and official records, supported her claim. Additionally, the Tribunal also noted that the authorities themselves had provided financial assistance to the Respondent for performing the last rites of the deceased, acknowledging her status as his wife.
Court’s Reasoning
The High Court upheld the Tribunal’s findings, stating that Section 29(2) of the Hindu Marriage Act, 1955 which provides that “Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu marriage, whether solemnized before or after the commencement of this Act”.
“Late Ram Prasad got divorced to Smt. Kiti Devi in presence of panchayat about 53 years ago and he got married to the opposite party about 52 years ago. The opposite party and Late Ram Prasad lived as husband and wife till later died on 20.10.2013 and four children were born out of the wedlock. The opposite parties have themselves written that son of the applicant is entitled to get family pension,” the Bench remarked.
Consequently, the Court held, “In these circumstances, there appears to be no illegality in the order passed by learned Tribunal holding that the opposite party is the legally wedded wife of Late Ram Prasad and she is entitled to receive family pension.”
Accordingly, the High Court dismissed the Petition.
Cause Title: Union Of India & Ors. v. Haruli Devi (Neutral Citation: 2025:AHC-LKO:9783-DB)
