November 27, 2017
The Ministry of Defence (MoD) has today issued a notification clarifying that divorced daughters who fulfil other conditions are eligible for family pension if a decree of divorce had been issued by the competent court during the life time of at least one of the parents. As per MoD’s letter of September 2015, only those children who are dependent and meet other conditions of eligibility for family pension at the time of death of the Government servant or his/her spouse, whichever is later, are eligible for family pension.
The clarification has been issued by the government in view of grievances from various quarters that the divorce proceedings are a long drawn procedure which take many years before attaining finality. Moreover, there are many cases in which the divorce proceedings of a daughter of a Government employee/pensioner had been instituted in the competent court during the life time of one or both but none was alive by the time the decree of divorce was granted by the competent authority.
In view of the aforesaid, the matter was taken up by the MoD which vide its letter dated November 17, 2017 has approved grant of family pension to a divorced daughter of Armed Forces personnel in such cases where the divorce proceedings has been filed in a competent court during the life time of the employee/pensioner or his/her spouse but divorce took place after their death. Provided that the claimant fulfils all other conditions for grant of family pension. MoD further states that in such cases, the family pension will commence from the date of divorce.