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The Department of Pension clarified that family pension is split equally between legally wedded wives, but Hindu Marriage Act, 1955 complicates eligibility in 2nd marriage cases.
News18
After the death of a central government employee or pensioner, family pension is transferred to the legally wedded spouse as per the general provision under the Central Civil Services (Pension) Rules, 2021 (CCS Pension Rules). However, there has long been confusion on the situation where a late employee or pensioner had two wives. In that situation, confusion arises about how the family pension is supposed to be divided.
The Department of Pension and Pensioners’ Welfare, drawing attention to Rule 50 (8) (c), has clarified that the family pension must be divided equally between legally wedded wives, in case the employee left behind more than one. Moreover, her share will be shifted to her eligible children in case of death or ineligibility of one widow.
The department has underlined that the term “widow/widower” must be a legally wedded spouse.
As per the provision, family pension is first payable to the widow or widower, followed by eligible children, dependent parents, and dependent siblings with disabilities.
A female government servant can nominate her child/children for family pension in precedence over her husband, as per amendments for women empowerment.
Family pension is calculated based on the last drawn basic pay (or pension amount) and is disbursed through the Pension Payment Order (PPO).
Second Marriage Contradicts Hindu Marriage Act
The ministry, however, highlighted that the Hindu Marriage Act, 1955, doesn’t allow a second wife unless and until the marriage is legally ended via divorce. Thus, this contradicts pension rules, causing disputes over eligibility. It added that departments have been advised to apply due diligence and seek legal consultation before deciding related cases, as this will lead to tribunal or court challenges
The government has instructed all ministries and subordinate offices to have designated pension officers review such cases and get them vetted by the Department of Legal Affairs to prevent delays for family members.
Varun Yadav is a Sub Editor at News18 Business Digital. He writes articles on markets, personal finance, technology, and more. He completed his post-graduation diploma in English Journalism from the Indian Inst…Read More
Varun Yadav is a Sub Editor at News18 Business Digital. He writes articles on markets, personal finance, technology, and more. He completed his post-graduation diploma in English Journalism from the Indian Inst… Read More
October 29, 2025, 11:57 IST
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