Step Mother Is De-Facto Mother: Supreme Court on Armed Forced Tribunal's Refusal To Grant Pension To Stepmother of Deceased Officer

Today, the Supreme Court orally remarked that the Step-mother is De-facto mother on the issue wherein the Armed Force Tribunal refused to grant family pension to the Step-mother of the deceased officer.

A Writ Petition has been filed by the step-mother challenging the decision of Armed Force Tribunal (AFT) to not provide family pension after her step-son passed away.

The Bench of Justice Surya Kant, Justice Ujjal Bhuyan and Justice N Kotiswar Singh suggested to liberalise the definition of mother to include step-mothers as well.

Advocate appearing for the Union of India, apprised the Court that the Supreme Court has issued a limited notice on the matter that the definition of mother would include a step-mother.

Upon which, Justice Kant raised concern over the facts of the case and questioned what if a month old child’s mother passed away and the father remarried, then in such cases the step mother becomes the actual mother.

“In law you say step-mother, but she is actually de-facto mother…right from the first day, her entire life she devotes to the child”, remarked Justice Kant.

However, the Respondent tried to press that the Pension Regulations for the Air Force and submitted that the definition of mother as per the regulations does not include step-mother.

Later Justice Kant raised concern over increasing incidents of mothers abandoning their infants, and the child being taken care of by the father or the family of the father. He questioned, on one hand there is the mother who abandoned and comes after thirty-forty years claiming that she was the mother and entitled to pension, and on the other who nurtured the child, “Whom would you like to give pension”.

Justice Kant further suggested that the definition of mother can be flexible in the Regulations and on facts one can determine who shall be entitled to pension.

Advocate representing the Step-mother apprised the Court that beneficial and social approach has to be taken while granting the pension.

Upon which Justice Kant asked Respondents to consider a provision which is flexible enough to include step-mother’s claim for pension or any beneficial claim.

“For that purpose, this definition has to be liberalised”, remarked Justice Kant.

Accordingly, the Bench adjourned the matter.

Cause Title: Jayashree Y Jogi Versus Union Of India And Ors. (Diary No. 53874-2023 XVII )

Click here to read/download Order