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Manoharan (Private Secretary)     16 January 2022

Family pension for daughter

A friend of mine lived with his wife for 5 months and she has left her and did not give divorce.  In the meantime, he lived unofficially with another lady and got a girl born.  Before his retirement, the first lady gave divorce by getting a lump sum amount.  He registered marriage with the second lady after the divorce judgment date.  My question is whether the girl child born to them before official marriage, can be included for family pension.  Kindly clarify.



 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     16 January 2022

If he filed the list of family members including this daughter in his official records then it may be included.

Manoharan (Private Secretary)     17 January 2022

At the time of retirement  it was told that girl born before official marriage cannot be added in family composition. Hence he could not add.  Now what is the procedure to add her.

kavksatyanarayana (subregistrar/supdt.(retired))     17 January 2022

Then no procedure expect to move to the court and if court orders, you can,

Aryan Raj   17 January 2022

In response to your query,

On November 1, 2020 Gauhati High Court, while upholding a Supreme Court verdict, observed that the child of a deceased, whose marriage may not be legitimate, would also be entitled to a family’s pension benefits. Justice Achintya Malla Bujor Barua passed the order acting upon a writ petition filed by one Nikita Sutar, daughter of the second wife of deceased Chandra Chetry Sutar. In the petition, Nikita had claimed a share in the family’s pension benefits on the ground that she is a minor daughter of the deceased. 

The Bench observed that the entitlement of a minor offspring of a deceased employee as regards the family pension has been settled by the Supreme Court in its judgment in the Rameshwari Devi-vs-State of Bihar and others case.

Therefore you can reach out for legal support for the child as it's her right to get a share of the pension of her father.

Regards,

Aryan Raj 

 

 

 

Manoharan (Private Secretary)     18 January 2022

Tnx for your kind reply.


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