'Premature': Rajasthan High Court Rejects Estranged Wife's Plea For Inclusion As Nominee In Family Pension During Lifetime Of Husband
Rajasthan High Court dismissed the petition filed by an estranged wife seeking inclusion of her name as a nominee in the pension payment order (PPO) of her husband, after noting that since the husband was still alive and thus her petition was premature.The bench of Justice Ashok Kumar Jain observed that the petitioner had no right to claim inclusion of her name in the PPO as nominee to...
Rajasthan High Court dismissed the petition filed by an estranged wife seeking inclusion of her name as a nominee in the pension payment order (PPO) of her husband, after noting that since the husband was still alive and thus her petition was premature.
The bench of Justice Ashok Kumar Jain observed that the petitioner had no right to claim inclusion of her name in the PPO as nominee to receive family pension after her husband's death, till the time her husband was alive.
"The petitioner has no right to claim that her name be included in the PPO as nominee so that she may receive family pension after the death of respondent No. 5. The writ petition has been filed prematurely and the same is not maintainable, so long as respondent No.5 is alive. As and when the issue regarding family pension arises, petitioner may raise her claim and file appropriate proceedings in accordance with law, but not at this stage when respondent No. 5 is alive, therefore, the writ petition is liable to be dismissed".
For context, petitioner's marriage solemnized with the respondent in 1978, after which the respondent had filed for divorce. The divorce proceedings were dismissed, and the dismissal was upheld by the Supreme Court.
The respondent was a retired professor from the Government Medical College, Kota, and had been receiving pension. It was the grievance of the petitioner that her name was not mentioned as a nominee to receive family pension along with other post-retiral benefits.
On the contrary, it was argued by the counsel of the respondent that till the time the respondent was alive, the petitioner had no right to claim inclusion of her name as nominee for family pension.
After hearing the contentions, the Court highlighted that, “A pension is self-acquired (self-earned property), being a benefit earned by an individual through his personal employment, service and contributions. Such self-acquired property can be transferred by a person, who has acquired the same during his lifetime”.
The Court held that the petitioner had no right that her claim be included in the PPO as nominee such that she may receive family pension after the respondent's death.
It was concluded that the petition was filed prematurely and hence was not maintainable. The Court mentioned that as and when the issue regarding family pension arise, petitioner might raise her claim and file appropriate proceedings.
Accordingly, the petition was dismissed.
Title: Smt. Santosh Pareek v State of Rajasthan & Ors.
Citation: 2026 LiveLaw (Raj) 239