The Bombay High Court has ruled that a widow cannot be deprived of her right to family pension merely because her late husband had accused her of adultery. The Court clarified that under the Maharashtra Civil Services (Pension) Rules, 1982 (MCSR), such a disqualification arises only if a judicial authority has conclusively held the wife guilty of adultery or granted judicial separation on that ground.
A division bench of Justices Manish Pitale and Yanshivraj Khobragade dismissed the claims of a deceased employee’s brother and mother, who argued that the wife should be excluded from family pension benefits due to allegations made during pending divorce proceedings. The Court noted that since no competent authority had recorded a finding of adultery before the husband’s death, the allegation alone had no legal effect.
The bench further observed that under MCSR, only the spouse and children of the deceased are considered family members for pension purposes—parents and siblings do not qualify. Government Resolutions issued in 2018, 2023 (March and August) were also considered, which reinforced that the entitlement rests with the spouse and children.
The case involved an Associate Professor appointed in 2009 who had married the petitioner in 1997. After marital discord, he filed for divorce in 2011 and replaced his wife’s name with his brother and mother in the nomination records while retaining his sons. Following his death, the brother and mother claimed pension rights based on the altered nominations.
Rejecting their stand, the High Court held that nominations could not override statutory provisions under MCSR. It directed the authorities to release the family pension in favour of the widow and her two sons.
