JUDGMENT

(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)

1. The father of the respondent was an employee of the railways, who retired on 05.10.1971 on attaining the age of superannuation.

2. Unfortunately, the respondent’s marriage which had been contracted during her father’s lifetime ended in a failure resulting in a customary divorce being entered into between her and her husband. This divorce occurred on 12.10.1978. In other words, during the lifetime of her father, the respondent’s marriage stood dissolved by virtue of the customary divorce.

3. On 07.07.1985, the father of the respondent passed away and as provided under the rules, his wife i.e the mother of the respondent, started receiving the family pension.

4. On 01.01.2015, the mother of the respondent, i.e.., the wife of the pensioner also passed away.

5. The respondent, being the divorced daughter of the pensioner, made a claim for payment of family pension on 19.02.2015.

6. The Railways, by way of a communication dated 02.05.2015, called upon the respondent to furnish a decree of divorce in order to consider her claim for family pension.

7. Since the Railways sought for a decree of divorce, the respondent-initiated proceedings