daughter pension
swaraj
(Querist) 02 January 2015
This query is : Resolved
Respected sir my father is pensioner from punjab govt.my mother expired.my elder sister divorcee.and the the divorce was.signed between two parties.,we not gone to court for divorce.we have only divorce document which signed between two.parties ,and have no.court docunent
Now the punjab govt.notify that the divorcee daughter elgible.for father's pension.my question is that if the document of divorce which we have is enough for.it or we need court divorce docoment.my second question is that is it possible to legalize.the divorce document in.court.please guide ys thanks
Devajyoti Barman
(Expert) 02 January 2015
DIVORCE PETITION WHICH YOU APPARENTLY POSSESS HAS NO VALUE.
Your sister will have to apply for certified copy of the dcree of divorce granted by the conerned court without which she will not be considered eligble to draw pension of her father.
Guest
(Expert) 02 January 2015
Only the divorce granted by the court of law is valid for the purpose of treatment of your sister as divorced to make her eligible for family pension.
ajay sethi
(Expert) 03 January 2015
agree with experts
Rajendra K Goyal
(Expert) 03 January 2015
Divorce without court orders is not legal, can not claim pension.
Kumar Doab
(Expert) 03 January 2015
Agreed with experts.
P. Venu
(Expert) 03 January 2015
Is such a divorce permissible in accordance with the custom prevalent in your community?
T. Kalaiselvan, Advocate
(Expert) 05 January 2015
The dissolution of marriage by a decree of divorce through a court of law will be the valid divorce and not the one your sister possess.
malipeddi jaggarao
(Expert) 09 January 2015
I agree with the views of experts. Any daughter can create a false document for claiming pension. Hence court decree of divorce is necessary for a divorced daughter.
Kumar Doab
(Expert) 25 August 2016
In the High Court of Punjab and Haryana, at Chandigarh
Letters Patent Appeal No. 1721 of 2015
Date of Decision: 29.07.2016
Khajani Devi ... Appellant(s) Versus Union of India and Others ... Respondent(s)
CORAM: Hon'ble Mr. Justice Mahesh Grover. Hon'ble Mr. Justice Shekher Dhawan
Single bench judge Punjab and Haryana High Court at Chandigarh had decided that ‘the divorced, unemployed daughter of a freedom fighter would not be entitled to family pension after the death of her parents.
The division bench of Justice Mahesh Grover and Justice Shekher Dhawan has accepted the appeal against the single-judge order.
The high court division bench said that the object of the clause in Swatantrata Sainik Samman Pension Scheme, 1980, was that one member of the family be paid, hence Khajani was eligible.
The bench, observing that pension schemes were intended to honor the valor of the uniformed people who laid down their lives or suffered for the cause of the country. “We would, thus, not place any demeaning interpretation on the scheme to deprive the unsung heroes of the country of benefits meant to ensure a life of dignity to their dependents,” the bench said, adding there was no rationale in including unmarried daughters but excluding divorced daughters.
The recent decision can pave the way in general for laying down in all cases that;"there is no rationale in including unmarried daughters but excluding divorced daughters."
The valuable opinion of learned experts is sought.
P. Venu
(Expert) 26 August 2016
As a policy decision, The Government of India has extended the benefit of family pension to unmarried, divorced and divorced daughters.Earlier, only unmarried daughters below the age of 25 and those suffering from disabilities were entitled.
Theoretically, this is a laudable welfare measure. But its implementation is fraught with practical problems and it is my personal experience that the Government's magnanimity is liable to misused for the benefit of undeserving persons.
Kumar Doab
(Expert) 26 August 2016
Venu Sir,
You are right.
It does happen.
