**Mumbai: Bombay High Court Rules Allegations of Adultery Do Not Bar Widow from Receiving Family Pension**
The Aurangabad bench of the Bombay High Court has ruled that mere allegations of adultery against a woman do not disentitle her from receiving her deceased husband’s family pension under the Maharashtra Civil Services (Pension) Rules, 1982 (MCSR).
### Family Pension Dispute
A bench comprising Justices Manish Pitale and Yanshivraj Khobragade dismissed a petition filed by the brother and mother of a deceased associate professor. They sought pension benefits, arguing that the man had accused his wife of adultery and was living separately from her.
### Definition of Family Under MCSR
The court highlighted that under the MCSR, the “family” is defined as including the spouse and children but excludes siblings and parents. The bench clarified, “The petitioner wife could be denied benefits only if she was judicially separated on the ground of adultery or held guilty of committing adultery.”
In this case, although the husband had initiated divorce proceedings in 2011 alleging adultery, he passed away before the conclusion of the case. “There is no finding of any competent judicial authority regarding the allegation,” the court emphasized.
### Government Resolutions Referenced
The judges also referenced government resolutions dated September 29, 2018, March 31, 2023, and August 24, 2023. These clarify that only an employee’s spouse and children are entitled to family pension following the employee’s death.
### Background of the Case
The deceased, appointed as an associate professor in July 2009, had married the petitioner in 1997. Since he joined service after November 1, 2005, he was covered under the Defined Contributory Pension Scheme (DCPS).
After initiating divorce proceedings, he changed his pension nomination in favor of his brother and mother while retaining the names of his two sons. Based on this, the brother and mother contested the wife’s claim.
### High Court’s Directions
Rejecting the petitioners’ plea, the bench ruled that they had “wrongly relied on certain government resolutions without reading them in the context of the MCSR.” The court directed the authorities to calculate the pension and arrears payable to the widow and her two sons within eight weeks.
If there is any delay beyond the stipulated period, the amount will carry 9% annual interest. The monthly pension to the widow must commence immediately after calculation or upon the expiry of the eight-week period, whichever is earlier.
### Court’s Conclusion
Allowing the woman’s petition, the bench concluded:
“Only an allegation of adultery, without a judicial finding, cannot deprive the legally wedded wife of her right to family pension.”
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https://www.freepressjournal.in/mumbai/allegation-of-adultery-alone-cannot-deny-widow-family-pension-bombay-hc
