Female Govt Pensioners Allowed to Nominate Children Over Husband for Family Pension in Marital Disputes

Landmark Rule Change Brings Relief to Women Facing Divorce or Domestic Abuse

In a progressive move aimed at safeguarding the interests of female government employees and pensioners, the Government of India has introduced a major amendment to family pension rules. This change allows female officers and pensioners, including members of the All India Services (AIS), to nominate their eligible child/children in precedence to the husband for receiving the family pension, in cases of marital discord, divorce proceedings, or domestic abuse.

Background: Existing Family Pension Norms

Under existing provisions—Rule 22 of the AIS (Death-cum-Retirement Benefits) Rules, 1958 and Rule 50 of the CCS (Pension) Rules, 2021—family pension is typically granted to the spouse first, followed by the children and other eligible family members only if the spouse becomes ineligible or dies.

However, this default sequence posed a significant concern in scenarios involving domestic violence, dowry harassment, or ongoing divorce proceedings, where granting the pension to the spouse might not align with the deceased’s wishes or best interests of the children.

What Has Changed: Key Highlights

In two separate yet complementary notifications issued by:

• Department of Personnel & Training (DoPT) for AIS members (dated 28th March 2025)
• Department of Pension & Pensioners’ Welfare (DoPPW) for all central government employees (dated 1st January 2024)

the following key provisions have been introduced:

Nomination in Case of Marital Discord:

• A female government servant or pensioner can request, during her lifetime, that her child/children be granted family pension over the husband if:
  • Divorce proceedings are pending in a Court of Law, or
  • A case has been filed against the husband under:
    • Protection of Women from Domestic Violence Act
    • Dowry Prohibition Act
    • Indian Penal Code

Written Request Needed:

• The request must be made in writing to the Head of Office, indicating that in the event of her death, the pension be granted to the child/children in preference to the husband.

Family Pension Disbursal in Absence of Request:

In case such a request has not been made, the default pension disbursal remains to the widower, unless:

• The widower is not eligible or capable (e.g., not the legal guardian of minor children).
• The children are major and eligible for the pension directly.

Specific Scenarios Clarified

The Office Memorandum also outlines various scenarios for family pension distribution:

• If no children are eligible, the pension goes to the widower.
• If minor children are involved, and the husband is their guardian, the pension is paid to him. If he ceases to be their guardian, it goes to the legal guardian of the child.
• Once children attain majority and are eligible, they receive the pension directly.
• Upon children ceasing to be eligible, the widower may again become eligible, unless he remarries.

Applicable to AIS and CCS (Pension) Rules

• This provision now applies equally to AIS officers and all Central Government female employees.
• The rules are being formally amended to reflect this change, and departments have been instructed to implement it with immediate effect.

Implications: Empowering Women in Distress

This reform represents a critical step toward gender justice within government service regulations. By allowing women to override the default spouse-first rule, it ensures that dependents, especially children, are not left at the mercy of abusive or estranged husbands.

It also empowers female employees and pensioners to exercise control over posthumous financial decisions in light of difficult marital circumstances, a much-needed intervention for thousands of women in government service.

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