Divorced daughters are eligible for family pension without needing a court decree, as per CCS (Pension) Rules, recognizing customary divorce under Muslim Law.

ORDER

By Justice Akhil Kumar Srivastava, JM;

By way of this Original Application, applicant has sought for quashing impugned order dated 15.07.2022 (Annexure A/8) whereby family pension has been denied to the applicant. She further prayed for direction to respondents to pay family pension to her since 22.01.2017 with interest @ 12% per annum for the delayed payment.

2. The facts of the case are that the applicant is a divorced and dependent duahgter of Late shri Mohammad Habib who has been retired on 30.06.1998 on attaining the age of superannuation from the post of Welder HS II. Father of the applicant was paid pension sicne 01.07.1998. Father of the applicant expired on 08.03.2007 (Annexure A/4).Thereafter applicant’s mother was authorized to receive family pension, who expired on 21.01.2017 (Annexure A/5). After the death of mother the applicant being divorced daughter, applied for family pension but her claim was rejected vide letter dated 15.07.2022 (Annexure A/8). Applicant made a representation on 10.06.2022 to respondent No.4 but to no avail. Hence this Original Application.

2.1 Learned counsel for the applicant contended that as per instructions contained in GI Dept. of Personnel & Pensioners Welfare, Notification No.38/80/2008-P.&P.W.(A) (Part II) dated 8th June 2011, published in the Gazette of India dated 8th June 2011, unmarried or widowed or divorced daughters are entitled for family pension under Rule 54 of the CCS (Pension) Rules, 1972. Accordingly, the Applicant is entitled for family pension after the death of her mother i.e. from 22.01.2017 being divorced daughter fully dependent on and residing with her father and rejection of claim by the Respondent is unjustified, illegal and arbitrary.

2.2 Further it is submitted by the applicant that the Respondent no.4 as per letter dated 15.07.2022 (Annexure A-8) has rejected the claim of the Applicant on the ground that the Ikraranama' dated 16.07.2011 submitted by the applicant is only a contract and not a decree, the order dated 23.03.2022 of the court is not a decree of divorce and therefore, family pension is not admissible to the Applicant. The basis taken by the Respondents for rejection of the claim of family pension is unjustified, illegal and arbitrary in as much as the Hon'ble Family Court Jabalpur vide order dated 23.03.2022 in has very specifically held that for any Page 3 of 12 ANUPAM 2025.05.16 divorce through KHULA under Muslim Law, no judicial decree is required. Thus, the divorce held between the Applicant and her ex-husband on 16.07.2011 through KHULA under Muslim Law, is valid under the law and no separate decree for divorce is needed under the law.

3. Respondents in their reply have submitted that applicant has not submitted the decree of divorce issued by the competent court during lifetime or divorce proceedings has been filed in the competent court during lifetime of at least one of the parents (employee or pensioner). Further ikrarnama dated 16.07.2011 submitted by the applicant cannot be accepted as a valid document as a legal divorce for grant of family pension to the applicant, same is not a decree of divorce but it is an agreement before the two parties. In family court order dated 23.03.2022, court has rejected the application and it is not a decree of divorce issued by the competent authority.

4. Applicant has filed rejoinder to the reply of the respondents stating that the applicant has already submitted Khulanama/Talaknama dated 16.07.2011 (Annexure A-10) which establishes that the applicant was divorced with her husband Mohammad Nasim through Page 4 of 12 ANUPAM 2025.05.16 Khula during the life time of her mother. As the applicant be