Bombay HC – Pending divorce petition alone cannot deny Widow’s right to family pension.
The husband of the petitioner no.1 and father of petitioner nos.2 and 3 was appointed as Associate Professor at Medical College, Ambejogai.
On 15.1.2011, the husband filed divorce proceedings against the petitioner no.1.
In view of this, the husband had changed the nomination with mother & brother in place of wife and two sons under the MCS Pension Rules, 1982, when his case was governed by the DCPS.
On 26.9.2018, the husband of the petitioner no.1 died.
The petitioners filed writ petition for pension and benefits. This was opposed by the nominees – mother & brother.
HELD that as per the mother and brother are not included in the definition of “family” under Rule 116(16)(b) of the Maharashtra Civil Services (Pension) Rules, 1982. The wife could be denied benefits only if she was judicially separated from the deceased employee on the ground of adultery. In the present case, the divorce proceedings on the ground of adultery of wife were pending at the time of death of employee. The case of the petitioner no.1 is covered as per paragraph No.3 of the Government Resolution dated 31.3.2023.
Judgment dated 26.9.2025 of the High Court of Bombay in Writ Petition No.11613 of 2019 of Vaishali Vijay Burande and others Vs. State of Maharashtra and others
