Delhi High Court Rules: Remarriage Does Not Disentitle Childless Widow from Family Pension; Parents’ Claim Rejected
In a significant judgment delivered on January 27, 2026, the Delhi High Court upheld the right of a childless widow to continue receiving family pension from a deceased government employee even after her remarriage. The court dismissed a petition filed by the parents of the deceased, rejecting their claim to the pension and affirming the constitutional validity of the relevant rules.
The case stemmed from the tragic death of CT/Bug Bhim Singh, a Constable (Bugler) in the Central Reserve Police Force (CRPF), who lost his life on September 5, 2014, while performing official duties during severe floods in Jammu and Kashmir. He was swept away by floodwaters while attempting to rescue trapped colleagues at an outpost in Anantnag district. A Court of Inquiry confirmed his death occurred in the line of duty, making his dependents eligible for family pension and other benefits.
At the time of his death, Bhim Singh left behind his wife (referred to as Respondent No. 6 in the judgment), who was childless and had no independent source of income, along with his parents (the petitioners). As per his service records and nomination, the widow was granted the family pension under Rule 54 of the Central Civil Services (Pension) Rules, 1972.
Subsequently, the widow remarried, prompting the parents to challenge the continuation of the pension to her. They approached the authorities and later the Delhi High Court, arguing that she was no longer entitled and that the pension should be redirected to them as dependent parents. They also questioned the constitutional validity of Rule 54 and Clause 8.6 of the Government of India Office Memorandum dated September 2, 2008, which explicitly allow a childless widow to retain family pension post-remarriage, subject to her independent income not exceeding the prescribed limit.
A Division Bench comprising Justice Anil Kshetarpal and Justice Amit Mahajan heard the matter in W.P.(C) 11263/2023. The court dismissed the petition, holding that:
- Eligibility for family pension is determined at the time of the employee’s death. Since the widow was childless and dependent then, her status as an eligible beneficiary persists.
- Rule 54 establishes a clear order of priority: the widow (or widower) takes precedence over parents. Parents are entitled only if the deceased leaves behind neither a widow nor eligible children.
- The provisions permit continuation for a childless widow after remarriage, with an in-built safeguard — the pension ceases if her independent income becomes sufficient. This design is neither arbitrary nor unconstitutional.
- Family pension is a statutory welfare benefit aimed at supporting vulnerable dependents, particularly widows, and is not treated as inheritance or property to be claimed based on equity or compassion alone.
- The court emphasized that the rules reflect a balanced policy: encouraging remarriage while ensuring financial security for the widow if needed. Alternative policy preferences or sympathy cannot override express statutory provisions.
The judgment reinforces the priority given to widows in family pension schemes for central government and paramilitary personnel, including CRPF. It clarifies that remarriage alone does not extinguish a childless widow’s entitlement, provided income conditions are met, and parents have no residual claim as long as such a widow remains eligible.
The full judgment is accessible on the Delhi High Court website under case W.P.(C) 11263/2023. This ruling has been hailed as a landmark clarification on pension rights, balancing welfare objectives with statutory clarity in cases involving government employees’ families.
About The Author
