Child born after remarriage no bar to widow’s family pension: Kerala High Court

The Kerala High Court has ruled that a widow who remarries and gives birth to a child after the death of her government employee husband will not lose her status as a "childless widow" for the purpose of receiving family pension. The court dismissed a plea by the mother of a deceased government employee who claimed the widow's subsequent marriage and child entitled her to receive the pension.

The court emphasized that the "family" in relation to a deceased government employee requires a direct connection to the employee, and a child born in a subsequent marriage has no legal connection to the deceased. The court also noted that the right to family pension is determined by statutory rules and not personal law of inheritance.

The widow continues to be entitled to family pension if her income from other sources is below the prescribed minimum. The court held that the authorities were justified in discontinuing the payment of family pension to the widow's mother.