This article has been written to help in understanding the Rights of Divorced, Widowed, and Unmarried Daughters to Claim a Parent’s Pension: Insights from Legal Precedents and the 2018 Circular.The 2018 Circular (O.M. No. F.13(16)-Reg.6/2017-516 dated 19-06-2018 issued by Federal Government Finance Division (Regulation Wing) ) which amended O.M. No. F.13(16)-Reg 6/2017-516 dated 19-06-2018 & O.M. No. F.1 (13)-Reg 6/83, dated 23-10-1983 can be accessed here.
In Pakistan, the entitlement of daughters to claim their deceased parent’s pension has often been a subject of legal debate, especially when it comes to divorced, widowed, and unmarried daughters. This issue was significantly clarified by the 2018 circular issued by the Federal Government’s Finance Division, which directly impacts how pensions are distributed among the surviving dependents of a deceased civil servant. In connection with this circular, several notable cases have emerged, providing crucial legal interpretations that further illuminate these rights.This circular was issued in response to the decision in the case reported as Zakia Shaukat Rizvi vs. Controller Military Accounts (2019 PLC(CS)N 13) (Writ Petition 69226/2018).
The circular issued on 19th June 2018, identified as O.M. No. F.13(16)-Reg 6/2017-516, represents a pivotal point in the administration of family pensions. It revises and clarifies the rules governing the distribution of pensions among the surviving family members of a deceased government employee. Notably, the circular ensures that pensions are shared equally among surviving unmarried, divorced, and widowed daughters until they marry or remarry. This directive underscores the principle that pensions are not merely a privilege but a fundamental right of those who were financially dependent on the deceased.
The 2018 circular, when read alongside these judicial precedents, marks a significant shift towards recognising the financial vulnerabilities of unmarried, divorced, and widowed daughters. It affirms that these daughters, who may have limited means of support, are entitled to share in the pension of their deceased parent, reflecting both a legal and moral duty to protect vulnerable family members.
This approach also aligns with broader principles of social justice and equality, ensuring that no eligible daughter is left without support due to technicalities or outdated interpretations of family law. The equal distribution of pensions among eligible daughters until marriage or remarriage reflects a humane approach that acknowledges the realities of financial dependency faced by these women.
Notable cases about Rights of Divorced, Widowed, and Unmarried Daughters to Claim a Parent’s Pension are as below:
The cases provided below shed light on the legal entitlements of divorced, widowed, and unmarried daughters to claim a parent’s pension under Pakistani law. Each case highlights different aspects of the issue, but collectively they clarify the position of the courts and the relevant regulations governing such entitlements.
1. 2024 PLC(CS) 364 – Karachi High Court, Sindh
Case Title: Ms. Syeda Asia Rizvi vs. Federation of Pakistan through Secretary/Chairman Railways, Islamabad
Key Points:
- Pensionary Right: The petitioner, a widow daughter of a deceased pensioner, was initially denied the right to a family pension as her unmarried sister was alive.
- Regulatory Basis: The issue was resolved by reference to the Federal Government’s O.M. No. F.13(16)-Reg 6/2017-516 dated 19-06-2018, which provides guidelines for family pension entitlements.
- Court’s Decision: The High Court directed that the family pension should be divided equally between the surviving unmarried daughter and the divorced daughter, until either daughter marries or remarries. This decision affirms that a divorced daughter is entitled to claim a share in the pension, similar to an unmarried daughter, reflecting the principle that pension is a fundamental right.
2. 2020 PLC(CS)N 13 – Karachi High Court, Sindh
Case Title: Mst. Sabiha Ilyas vs. The Federation of Pakistan through Secretary Information Technology, Islamabad
Key Points:
- Family Pension: The petitioner, a divorced wife of a deceased civil servant, sought a family pension but was denied.
- Legal Interpretation: The court found that after the petitioner obtained a khula, her status as a wife ceased, which legally disqualified her from claiming the family pension. The court emphasised that the beneficiaries of the family pension scheme include the widow, minor sons, and unmarried daughters, but not a divorced wife.
- Outcome: The petition was dismissed, underscoring that divorced wives do not have the same standing as unmarried or divorced daughters when it comes to claiming a deceased civil servant’s pension.
3. 2019 PLC(CS)N 13 – Lahore High Court, Lahore
Case Title: Zakia Shaukat Rizvi vs. Controller Military Accounts
Key Points:
- Second Unmarried Daughter’s Entitlement: The petitioner, a second unmarried daughter, sought to claim her deceased parent’s pension after her sister, the first unmarried daughter, waived her rights.
- Amendments to Rules: The court addressed amendments to the pension rules, which allowed for the equal distribution of a pension among surviving unmarried daughters, widow daughters, and divorced daughters until their marriage or remarriage.
- Court’s Decision: The petition was allowed, confirming that unmarried, widowed, and divorced daughters share equal rights to the pension, reflecting a more inclusive approach towards family pension distribution.
4. 2015 PLD 683 – Lahore High Court, Lahore
Case Title: Manzoor Hussain vs. Mst. Safiya Bibi
Key Points:
- Maintenance of Divorced Daughter: The plaintiff, a divorced daughter, sought maintenance from her father.
- Court’s Reasoning: The father argued that the daughter, being disobedient and not residing with him, was not entitled to maintenance. However, the court found that the father’s maltreatment justified the daughter’s decision not to live with him. It ruled that the father was legally and morally obligated to maintain his divorced daughter, who had no income and was in need of medical care.
- Outcome: The petition was dismissed, affirming the right of a divorced daughter to receive maintenance from her father, especially when she is financially dependent.
Conclusion
These cases collectively indicate that under Pakistani law, a divorced daughter has the right to claim her deceased parent’s pension, similar to an unmarried or widowed daughter, provided she is financially dependent and has not remarried. The courts have consistently upheld this right, as evidenced by the equal distribution of pension benefits among unmarried, widowed, and divorced daughters in the relevant cases. However, the entitlement of a divorced wife to claim a deceased husband’s pension is not recognised, as demonstrated in the 2020 case, where the legal status of the petitioner as a wife ceased upon divorce.
The 2018 circular issued by the Finance Division of Pakistan and the subsequent judicial interpretations are crucial in safeguarding the rights of divorced, widowed, and unmarried daughters to claim their deceased parent’s pension. As evidenced by the cases discussed, the courts have consistently upheld these rights, ensuring that pensions are distributed fairly among all eligible dependents. This not only strengthens the legal framework surrounding family pensions but also reinforces the fundamental principle that pensions serve as a crucial support mechanism for vulnerable family members. The equal treatment mandated by the circular is a significant step towards achieving financial security and justice for all daughters, irrespective of their marital status.
This body of law and policy serves as a reminder that legal reforms, when effectively implemented, can have profound impacts on the lives of those who rely on the social safety nets provided by the state.
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