Customary divorce is valid under Section 29(2) of the Hindu Marriage Act, 1955, and should be recognized for family pension eligibility without requiring a court decree.

Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Family Pension - Claim for family pension by divorcee daughter of deceased railway employee - Denial of claim based on divorce decree obtained post-death of parent - Court held that customary divorce is valid under Section 29(2) of Hindu Marriage Act, 1955, and should not be disregarded. (Paras 6.1, 8.1)

(B) Family Pension Rules - Rule 75 - Eligibility of divorced daughters for family pension - Court emphasized that customary divorce does not require validation by a competent court to be recognized for pension benefits. (Paras 6.1, 8.1)

Facts of the case:
The applicant, a divorcee daughter of a deceased railway employee, sought family pension after her mother's death. Her claim was rejected on grounds that her divorce decree was obtained after her parent's death.

Findings of Court:
The court found that the customary divorce was valid and should be recognized for pension eligibility.

Issues: The main issues were whether the customary divorce sufficed for pension eligibility and the validity of the respondents' insistence on a court decree.

Ratio Decidendi: The court ruled that customary divorce is recognized under the Hindu Marriage Act and should not be dismissed based on the timing of the decree.

Result: The orders rejecting the pension claim were quashed, and the respondents were directed to reconsider the application for family pension.

ORDER

Per : Hon’ble Dr.Hukum Singh Meena, Member (A)

Being aggrieved with the Order No.E/789/11/5/7060 dated 21.03.2023 (Annexure A/3) whereby the respondents have rejected the claim of the applicant for grant of the family pension, she has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“(a) Lordship be pleased to admit this petition. And be pleased to issue order quash and setting aside order bearing No.E/789/11/5/7060 dated 17.05.2023 (Annexure A/1) and order bearing No.E/789/11/5/7060 dated 21.03.2023 as Annexure A/2. And be pleased to direct the respondents to release the family/dependent pension from due date with all consequential benefits.

(b) That the Hon’ble Tribunal may be kindly pleased to call for the entire record of the applicant in possession of respondents for its kind perusal.

(d) That the Hon’ble Tribunal in the facts and circumstances of the present case may further be pleased to grant cost of the application to the applicant.”

2. The brief facts of the case are as under :

2.1 The applicant submitted that she is a divorcee daughter of the Ex.-Railway employee namely, Late Poonambhai Chavda. She got married with Shri Pritesh Ratilal Makwana on 24.05.2013. However, she was separated from her husband in June, 2013 due to occurrence of numerous of differences of their opinion, language, behaviour, lifestyle etc. which resulted in quarrel between them. In view of this, the applicant filed maintenance case and domestic violence case vide Crl. MA No.35/2015 and 242/2015 at Vadodara. Thereafter, she lived separate life with her parent. In support of this submission, she placed on record a copy of the Ration card wherein her name was also mentioned in the Ration Card of the parent house/parental family.

2.2 Ms.S.S.Chaturvedi, learned counsel for the applicant further submitted that the father of the applicant was a railway employee who died on 25.03.2015. Accordingly, PPO was modified and issued in the name of the applicant’s mother vide PPO No.20157081200371 dated 15.09.2017 and the applicant’s mother started receiving family pension regularly. The applicant took divorce with her husband on 12.02.2020 (Annexure A/5) as per their customary divorce prevailing in their society and the same was executed on Rs.500/- two Non-Judicial Stamp papers before the Notary. It was considered appropriate to mention that customary divorce was executed before the President of their society namely Chhyashi Gam Vankar Seva Samaj Trust. Subsequently, the mother of the applicant made representation to the railway authorities on 17.02.2020 (Annexure A/6) for inclusion of the name of her daughter i.e. the applicant in PPO. The mother of the applicant also expired on 22.04.2021.

2.3 Ms. S.S.Chaturvedi, learned counsel for the applicant further contended that after the death of her parent, the applicant approached the department for grant of family pension and requested for inclusion of her name in the PPO. However, the respondents denied the request for grant of family pension without divorce decree from the competent court.

2.4 On denial of the grant of family pension to the applicant by the respondent authority, the applicant approached the competent court i.e. the Court of Hon’ble Principal Judge, Family Court, Vadodara by filing Family Suit No.1182/2021 under Section 13(B) of Hindu Marriage Act, 1955 and the same was decided on 29.09.2022 (Annexure A/8) whereby the marriage solemnized between the parties as per custom of their community on 24.05.2013 stands dissolved.

2.5 After obtaining the decree of divorce from the competent court, she made a representation to the respondent on 02.03.2023 for grant of family pension as the same was available to the dependant divorcee daughter of Railway employees; which was rejected by the respondents vide order No.E/789/11/5/7060 dated 21.3.2023 on the ground that divorce decree had been o

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2025 Supreme(Online)(CAT) 2581

CENTRAL ADMINISTRATIVE TRIBUNALGeetaben P Chavda – AppellantVersusRailway – RespondentO.A./321/2023

Customary divorce is valid under Section 29(2) of the Hindu Marriage Act, 1955, and should be recognized for family pension eligibility without requiring a court decree.

CENTRAL ADMINISTRATIVE TRIBUNAL
Geetaben P Chavda – Appellant
Versus
Railway – Respondent
O.A./321/2023