Mumbai: The Aurangabad bench of the Bombay High Court has held that merely levelling allegations of adultery against a woman cannot disentitle her from receiving her deceased husband’s family pension under the Maharashtra Civil Services (Pension) Rules, 1982 (MCSR).
Family Pension Dispute
A bench of Justices Manish Pitale and Yanshivraj Khobragade dismissed a plea by the brother and mother of a deceased associate professor, who sought pension benefits on the ground that the man had accused his wife of adultery and was living separately from her.
Definition of Family Under MCSR
The court noted that under the MCSR, “family” includes the spouse and children, but not siblings or parents. “The petitioner wife could be denied benefits only if she was judicially separated on the ground of adultery or held guilty of committing adultery,” the bench observed. In this case, the husband had filed divorce proceedings in 2011 making allegations of adultery, but he died before the case concluded. “There is no finding of any competent judicial authority regarding the allegation,” the court underlined.
Government Resolutions Referred
The judges also referred to government resolutions dated September 29, 2018, March 31, 2023, and August 24, 2023, which clarify that only an employee’s spouse and children are entitled to family pension after the employee’s death.
Background of the Case
The deceased, appointed as associate professor in July 2009, had married the petitioner in 1997. Since he joined service after November 1, 2005, he was covered under the Defined Contributory Pension Scheme (DCPS). After initiating divorce proceedings, he changed his pension nomination in favour of his brother and mother, while retaining the names of his two sons. Relying on this, the brother and mother contested the wife’s claim.
High Court’s Directions
Rejecting their plea, the bench held that they had “wrongly relied on certain government resolutions without reading them in the context of the MCSR”.
It directed the authorities to calculate the pension and arrears payable to the widow and her two sons within eight weeks. If delayed, the amount will carry 9% annual interest. The monthly pension to the widow must commence immediately after calculations or upon expiry of the eight-week period, whichever is earlier.
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Court’s Conclusion
Allowing the woman’s petition, the bench concluded: “Only an allegation of adultery, without a judicial finding, cannot deprive the legally wedded wife of her right to family pension.”
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