Divorced daughters can get family pension if divorce case started before parent’s death: Calcutta HC

The Calcutta High Court has held that a divorced daughter can claim family pension if she was financially dependent on the pensioner and divorce proceedings had commenced during the pensioner’s lifetime.

The case concerned a railway retiree’s daughter who was deserted by her husband in 1995 and began living with and depending on her father from 1997, without any independent source of income. After the pensioner’s death, the Railways rejected her claim in 2022.

The Central Administrative Tribunal allowed her claim in 2024. Upholding the CAT’s order, the High Court rejected the Union of India’s challenge, holding that the daughter’s dependency stood established and the Railways’ objection was unsustainable.

The writ petition was dismissed.

[UOI & Ors. v. Mita Saha Karmakar]