A female government servant or pensioner who has filed a dowry or domestic violence case against her husband can now request the government to grant family pension to her children alone and not her husband.
The Department of Personnel and Training (DoPT) has amended the Central Civil Services (Pension) Rules, 2021, to enable this change with effect from July 29. Earlier rules limited such action only after the legal matter is disposed of or the couple is legally separated. Now, a female government servant or pensioner will have a say in the disbursement of family pension even during the pendency of a court case.
“Where, a female Government servant or female pensioner has filed a case against her husband for divorce or under the Protection of Women from Domestic Violence Act, 2005 or the Dowry Prohibition Act, 1961 or the Indian Penal Code and such proceedings are pending in a competent court of law, the said female Government servant or female pensioner may make a request in writing to the concerned Head of Office to the effect that, in the event of her death during the pendency of any of the aforesaid proceedings, the family pension may be granted to her eligible child or children in precedence over her spouse,” the amendment said.
Earlier the rule prescribed that on the death of a government servant or pensioner — male or female — who has been legally separated from spouse or divorced, the family pension can be given to their child or children who have attained the age of majority but remain eligible for family pension. Once the child or children cease to be eligible for family pension, then the pension shall become payable to the surviving judicially separated spouse of the deceased government servant till his or her death or remarriage, whichever is earlier.
Payment mechanism
Now, under the amended rules, if a female government servant or pensioner has made a request during the pendency of divorce, or separation on domestic violence matter then the family pension on her death can be disbursed according to a mechanism. If the deceased female government servant or pensioner is survived by a widower and no child is eligible for family pension, then it will be payable to the widower. If the deceased female government servant or pensioner leaves behind a widower with a minor child or a child or children with a disorder or disability of mind, including intellectual disability, then the family pension will be payable to the widower guardian.
Where the deceased female government servant or pensioner is survived by a widower with a child or more than one child who has attained the age of majority and is eligible for family pension, the family pension shall be payable to the child or children. Also, after the children cease to be eligible for family pension, it shall be payable to the widower till his death or remarriage, whichever is earlier.