Can a woman deny giving her pension to her husband?
Querist :
Anonymous
(Querist) 19 September 2018
This query is : Resolved
my parents are living separately for the past 20 years, though not legally divorced. can my mother deny giving her pension to her husband, after her death?
K Rajasekharan
(Expert) 19 September 2018
No law in India prescribes that the wife should give her salary to her husband. She need not give her salary to him if she does not want to do so even if she is staying with her husband.
Guest
(Expert) 20 September 2018
Novel advice of the expert, if on question about pension after death, he states, "No law in India prescribes that the wife should give her salary to her husband. She need not give her salary to him if she does not want to do so even if she is staying with her husband."
A question of commonsense arises, can a PENSIONER be entitled to SALARY without rendering any duty when not in service and that too AFTER HIS or HER DEATH?
Very vague answer on a vague question. Question was about PENSION AFTER DEATH of the mother of the querist, but answer given by expert is on salary after her death, as if she would still be getting SALARY AFTER HER DEATH without rendering any duty in her organization.
Mr. K Rajasekharan, at first, would have tried to understand the basics of the question before giving his advice. He should also have understood, no law in the world, what to say in India, prescribes that a pensioner is entitled to any salary that too after his or her death.
Guest
(Expert) 20 September 2018
Your question, as an anonymous person, is quite vague without making any mention, whether your mother has already retired from service and getting pension or is still in service of any organization and getting salary, being on duty.
Vijay Raj Mahajan
(Expert) 20 September 2018
The pension rules provide both individual pension as well joint family pension for the government employee.
If your mother opted for individual pension after her retirement then only she will get it till she's alive and if she opted for joint family pension with your father than your father will be entitled to get it after her death as pensioner.
Guest
(Expert) 20 September 2018
You are also required to clarify, whether your mother is receiving pension from the Central Government, State Government or any other source after her retirement, or as an old age pension, as a senior citizens welfare measures by the State.
Querist :
Anonymous
(Querist) 20 September 2018
@Dhingra : my mother is a central govt employee and she is still in service and would be retiring in December, this year. (3 months left, FYI)
@VijayRajMahajan and @KRajashekaran : Thank You.
Guest
(Expert) 20 September 2018
Dear Anonymous,
There was nothing secret in your case to keep yourself anonymous. It is also not understood, why your mother wants her husband not to receive pension after her death.
However, since your mother is still in service, she would get pension as per departmental rules. Further, since she has not separated legally by taking a legal divorce from your father, family pension, payable after the death of the employee to her husband, would automatically be included in the Pension Payment Order in addition to the pension sanctioned to your mother. So, family pension so granted cannot be denied to your father in the event of death of your mother in case of your father being alive that time. Of course, family pension would not be of the same rate of original pension admissible to your mother, as that has separate criteria for calculation. That would be a reduced pension, as per the prescribed rates, which her husband would legally be entitled to claim after her death.
So, the question of denial of family pension on the part of your mother does not arise as per the existing documentary evidence available in the department. For stoppage of pension to a family pensioner, some specific criteria are applicable, not the instance of husband and wife living separately.
