Reference to context the Army Pension guidelines are as follows;
1. Parents will be entitled for family pension only if the PBOR does not leave behind a widow or a child. It is effective from 01.01.1998 subject to the condition that their monthly income should not exceed Rs 2550/- and w.e.f 01.01.2006 Rs 3500/- plus applicable rates of dearness relief.
2. Family pension once granted to widow or child cannot be granted to the mother even after the widow / child has become ineligible.
3. Ordinary family pension CANNOT be divided between the wife and the mother-in-law (irrespective of the fact whether she maintains cordial relations / takes care of the mother-in-law).
4. Ordinary family pension to the wife ceases on her remarriage/death and the same the eligible child if below 25 years. However, the childless widow of a personnel who died in harness on or after 01.01.2006, shall continue ordinary family pension even after her re-marriage subject to the condition that her independent income from all other sources should not exceed minimum prescribed family pension.
5. Second marriage while the first wife is alive is illegal and therefore the second wife will have no claim for grant / division of family pension. However, the children born to the second wife will be entitled for 50% share of the family pension which will be divided between the first wife and the child of the second wife. Once the child becomes ineligible (i.e. having crossed 25 yrs / starts earning livelihood), the first wife will be entitled for 100% share of family pension.
6. Children of divorced wife are also entitled for share of family pension of her mother.
7. Also refer to similar discussion of mine where I clarified position of Law in reference to context at link;
https://www.lawyersclubindia.com/experts/Can-second-wife-s-son-entitle-to-claim-pension-if-1st-wife-has-no-objection--301931.asp
8. Meet the DPDA (Defence Pension Disbursement Authority) in person.
Observations:-
It is clear from brief that nomination has been done and accordingly pension is being disbursed currently. It is not clear if first wife got legally re-married or not? If she had re-married then the nomination ceases to exists then one has to see if children from second marriage are eligible as per age or not. The question here is of age of children from second wife of the deceased army men. It is also not clear if first wife (widow) was getting LFP or SFP or OFP, kindly clarify the same.
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LFP = Liberalised Family pension
SFP = Special Family pension
OFP = Ordinary Family pension
