Bombay High Court: Mere Adultery Allegation Cannot Deny Wife’s Claim to Family Pension

The Bombay High Court has held that mere allegations of adultery against a wife do not disentitle her from claiming family pension under the Maharashtra Civil Services (Pension) Rules, 1982 (MCSR). 

A Division Bench of Justices Manish Pitale and Yanshivraj Khobragade rejected the deceased employee’s mother and brother’s opposition, holding that only a judicial separation on adultery grounds or a clear judicial finding can exclude a wife.

The Court noted that while the husband had initiated divorce and changed his pension nominee, he died before the proceedings concluded, leaving the wife’s entitlement intact.