Divorced Daughter Not Entitled to Family Pension if Divorce Occurs After Parent’s Death: Tripura HighCourt

Divorced Daughter Not Entitled to Family Pension if Divorce Occurs After Parent’s Death: Tripura HighCourt

The Tripura High Court ruled that a daughter who obtains a divorce after the death of her pensioner-parent is ineligible for a family pension.

The Court held that under the Tripura State Civil Services (Revised Pension) Rules, 2017, eligibility must be established at the time of the pensioner's death. 

The petitioner was a "married daughter separated from her husband" when her father passed away in 2018, only obtaining a legal divorce in 2021.

The Court emphasized that while unmarried, widowed, or divorced daughters are protected, the rules do not extend to separated married daughters, and the judiciary cannot "rewrite" these statutory limits.

[Ujjala Rani Paul v. Agartala Municipal Corporation]

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