Family pension rule for husband
monu
(Querist) 19 April 2022
This query is : Resolved
Dear Experts,
My query is regarding eligibility of family pension for male Spouse ,After the death of government servant wife. if the male spouse got married to another lady in a life time of government servant wife.
Regards,
monu
P. Venu
(Expert) 20 April 2022
What do you mean by "After the death of government servant wife. if the male spouse got married to another lady in a life time of government servant wife."?
Is it that the husband got married subsequent to the wife's death or that he had married while the wife was alive? Please also elaborate on the facts and the context for the query?
monu
(Querist) 20 April 2022
Husband had married while the wife was alive & did not disclose the fact. Husband has taken the benefit of Family pension for ten years after the death of wife. Now, on the basis of documents like LIC in which that person had nominated other lady as a wife instead of his legal wife.
monu
(Querist) 20 April 2022
All the documents are before the death of legal wife.
kavksatyanarayana
(Expert) 20 April 2022
Husband when his legal wife i.e. his first is alive married another woman in bigamy. How did the husband get the family pension of his wife? No other heirs to wife? Your query is not still clear.
Dr J C Vashista
(Expert) 21 April 2022
If a Hindu husband remarried during subsistence of marriage it is invalid and illegal. Consequently he is ineligible for family pension of his deceased government servant wife.
What is your concern / dispute / problem / locus standi ?
monu
(Querist) 23 April 2022
Dear Experts, My mother has passed away in 2009, we never had good relation with my father. my mother & me lived separately from my father .My mother had looked after me . there was no legal divorce taken by my mother just because of social reason. My mother was government servant & passed away during her service period. I had completed age of 25 at the time of death of my mother , So i was not eligible for family pension. My father was living with other lady. My relative informed me that your father is taking Family pension after the death of your mother. I have informed the Department & Treasury about the fact of other lady ,whom with my father living. I have given a information of lic policy of my father taken in 2007 to the department , in which my father nominee that lady as a wife. My query is that nomination in LIC policy is sufficient documents for stopping withdrawing of family pension.
Regards,
Monu
Dr J C Vashista
(Expert) 24 April 2022
@ Monu,
If you are son of your mother you are ineligible for family pension, however if you are her unmarried daughter (which I could not make out from the facts posted by you) and aged 25 or above, you are eligible for her (your mother's) family pension.
However, since your mother has mentioned name of her husband in her service record, he is getting pension benefit. The department can not stop it despite the fact he is having live-in relationship.
K Rajasekharan
(Expert) 24 April 2022
It seems to me that it would be ideal for you to go through the Handbook on Family Pension to clear your doubts regarding your eligibility. With his second marriage he would become ineligible for such a pension, if the marriage is a proper one.
The book issued in 2020 is available at https://pensionersportal.gov.in/Document/Handbook_on_Family_Pension.pdf
P. Venu
(Expert) 26 April 2022
Admittedly, you have no definite information of your father being in recent of family pension; it is only hearsay.
Even otherwise, his eligibility is wholly because of the information furnished by your late mother.
Furthermore, in order to constitute a marriage, the particulars in the nomination inadequate unless your father has nominated her in the capacity of wife.
So also, a spouse in receipt of family pension need to furnish yearly certificate of having not remarried.
As such, your query is short of material facts.
