The Divorced Daughter Family Pension ruling confirms that a divorced daughter cannot lose family pension merely because her divorce happened after her father’s death. The Tripura High Court held that pension rules do not require the divorce to occur during the pensioner’s lifetime.
A Division Bench comprising Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit delivered the ruling.
The Bench criticized the Agartala Municipal Corporation (AMC) for opposing the pension claim. The Court found no legal basis for imposing an extra condition on the claimant.
It also questioned the argument that a woman might pursue a false divorce claim to receive a modest pension.
Background of the Case
The case concerns Ujjwala Rani Paul, whose father worked for the Agartala Municipal Corporation.
Her father retired in 2004. He later died on December 2, 2018. His wife had already passed away.
Paul remained married when her father died. She later obtained a divorce through mutual consent on October 4, 2021.
On February 23, 2022, she applied for family pension.
The AMC rejected her application. It argued that the Finance Department’s 2018 memorandum had not been formally adopted by the civic body.
Paul then approached the Tripura High Court. A Single Judge dismissed her petition.
The Single Judge held that her divorce had not taken place during her father’s lifetime. Paul challenged that decision before the Division Bench.
Court Examines Pension Rules
The Division Bench overturned the Single Judge’s decision.
The Court examined Rule 8 of the Tripura State Civil Services (Revised Pension) Rules, 2017. It found no requirement that a daughter must obtain a divorce before the pensioner dies.
The Bench said the Single Judge had added a condition that the rules do not contain.
The Court also rejected the AMC’s argument about the 2018 Finance Department memorandum. It described the Corporation’s claim as “blatantly false and contrary to record.”
The Court noted that the Corporation had already accepted the eligibility of divorced daughters for family pension. The benefit remains subject to the applicable income limits.
Central Government Guidelines Support Claim
The Court also referred to the Government of India’s Office Memorandum dated July 19, 2017.
The memorandum covers cases where divorce proceedings began during the pensioner’s lifetime but ended after the pensioner’s death.
In such cases, a divorced daughter may receive family pension from the date of the divorce decree. She must still satisfy the other eligibility conditions.
The Court stressed the welfare purpose of family pension schemes.
It also criticized the AMC for taking an unfair position against the appellant.
High Court Grants Pension and Arrears
The Division Bench allowed the appeal in W.A. No. 30 of 2025.
The Court directed the AMC to grant family pension to Ujjwala Rani Paul from October 4, 2021.
The Corporation must also pay all accumulated arrears. The Court ordered interest at 6% per annum on the arrears.
The ruling reinforces the principle that authorities cannot add conditions that pension rules do not prescribe. It also protects the pension rights of divorced daughters when they meet the applicable eligibility requirements.
The Divorced Daughter Family Pension ruling therefore provides important guidance on the interpretation of welfare-oriented pension provisions.
