Family pension for a married daughter separated from husband

A BANERJEE (Querist) 23 June 2021 This query is : Open
Can a married daughter, separated from her husband owing to many reasons (chiefly, torture) and living with her parents for more than two years, claim and be entitled to Family Pension under the extant Pension Rules? Is there any precedent in the form of a judgement/notification on this issue?

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This discussion explores whether a married daughter, separated from her husband and living with her parents, can claim family pension. Eligibility typically depends on whether she is divorced, dependent on a government pensioner parent, and meets specific income criteria. While separation due to marital disputes alone may not suffice, a divorce decree or widowhood, coupled with dependency, can grant eligibility under certain pension rules, which may vary by state.

Sudhir Kumar, Advocate (Expert) 23 June 2021
is she divorced?
is she having income less than Rs 9000 pm?

P. Venu (Expert) 23 June 2021
Is her father/mother a Government pensioner? She can get family pension after their lifetime provided she has obtained a decree of divorce by that time.

kavksatyanarayana (Expert) 23 June 2021
The unmarried, widowed, and divorced daughters who are dependent on the retired government employee (either father or mother) may be sanctioned pension on certain conditions as laid down Pension Rules(Amendment). But you have not stated whether she is divorced/granted a decree for her maintenance from her husband.

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Sudhir Kumar, Advocate (Expert) 23 June 2021
facts re not clear.

Sri Vijayan.A (Expert) 23 June 2021
Family means whose family?
Her husband family or her parents' family.
If she got divorced, she cant get family pension through her husband.
She may get FP through her parents subject to conditions.

The question needs more details and clarity.

ashok kumar singh (Expert) 24 June 2021
agreed with views of earlier experts
thanks

T. Kalaiselvan, Advocate (Expert) 25 June 2021
The daughter lost her rights after marriage for family pension along with her mother.
She is no more dependent on her father after her marriage.
If she is divorced or a widow and is fully dependent on her father/the pensioner, then she is eligible for family pension.
By just quarreling with her husband or due to pending matrimonial dispute, she cannot claim eligibility for family pension.
Further if the pensioner is living then there is no question for family pension at all.

Isaac Gabriel (Expert) 25 June 2021
Rules differ from state to state. Nevertheless,the question of getting family pension arise after getting divorce from husband, or death. Verify the rules in your state.

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