Legally Wedded Wife Entitled To Family Pension Despite Husband Nominating Sons Instead: Gujarat High Court

Update: 2026-08-25 03:30 GMT

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The Gujarat High Court has held that legally wedded wife's entitlement to family pension cannot be defeated even if the pensioner has nominated a third person thereby excluding her. [2026 LiveLaw (Guj) 229]

Referring to division bench's decision in Abedakhatun Y. Malek v. Director of Pension and Provident Funds and Others (2011), Justice Niral R Mehta in his order said:

"Upon perusal of the aforesaid enunciation of law, it emerges that the Division Bench of this Court has categorically held that family pension is governed by statutory provisions. It has further been held that, for the purpose of grant of family pension, the only relevant consideration is whether the claimant is the legally wedded wife or husband of the pensioner and was alive on the date of the death of the pensioner.
Even if the pensioner has nominated a third person, excluding his wife, the right of the legally wedded wife or widow to claim family pension cannot be defeated or brushed aside. Keeping in view the aforesaid proposition of law and the admitted facts of the present case, it is evident that the marriage between the petitioner and the deceased continued to subsist till the death of the petitioner's husband. Admittedly, during his lifetime, no divorce proceedings were instituted, nor was any decree of divorce obtained. In view of the aforesaid facts and circumstances, the ratio laid down by the Division Bench squarely applies to the facts of the present case, there being no distinguishable feature pointed out by the respondent so as to warrant a different view"

The court was hearing a widow's plea seeking a direction to the respondent- Rajkot Municipal Corporation to release the family pension payable on account of the death of her employee-husband with effect from 27.08.2025, along with consequential arrears and interest thereon.

The petitioner's husband retired from service–as a Line Man in the Electrical Department, on 30.04.2024 upon attaining the age of superannuation, after rendering 30 years, 7 months and 16 days. Admittedly, at the relevant point of time, there were certain matrimonial differences between the petitioner and her husband however the marriage was never dissolved.

The petitioner argued that the Corporation failed to process and sanction the family pension in her favour on the ground that, during the deceased's lifetime he had submitted an affidavit requesting the Corporation not to release any retiral dues to the petitioner. The petitioner's name was not mentioned in the nomination form and, instead, the names of the couple's two sons were recorded as nominees.

The court directed the Corporation to fix and release the family pension payable to the petitioner within three months, as well as pay all consequential arrears shall also be to her within further period of three months.