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Tuesday, October 26, 2010

Recognition of Marriage after retirement for pensionary purposes

Some Record Offices have been refusing to recognise marriages solemnised after retirement of defence personnel. This refusal is based on an MoD letter issued on 02-06-1989 in which it had been provided that marriages after retirement would only be considered for family pension purposes if in a particular case it is the first marriage and is solemnised within 5 years from retirement or before attaining the age of 45 years, whichever is earlier.

This position by Records Offices is incorrect and in total contravention of rulings of the Hon’ble Supreme Court as well as Government policy.

The restrictions mentioned in the ibid MoD letter dated 02-06-1989 were withdrawn and cancelled vide another letter issued by the MoD on 05-04-1991 which was based on the decision of the Hon’ble Supreme Court in the case Bhagwati Vs UOI.

Claimants can claim family pension based on a certificate issued by the Registrar of Marriages or an affidavit sworn before a First Class Magistrate.

Cases of officers are to be processed through AG’s Branch while those of JCOs and Other Ranks are to be initiated through the respective Record Offices.


Anonymous said...

Rightly clarified.
I personally feel that though it is Legally correct; yet there are chances of these provisions being misused for the purpose of only providing / availing family pension benefits.

Medical Specialist said...

there are instances of a 70 yr old ex serviceman marring a 20 yr old just for sake of family pension.. these cases are more common in uttranchal area and nepal gorkhas esp those who belong to remote hills and source of income is nil other then family pension. Human mind is unique they find loopholes to take advantage of system but these are just few cases. for their sake we cant ignore the plight of ladies who are in wedlock with exservicemen after they retire.

Dear navdeep i want to know is there any law to prevent marriage b/w very elderly ( say above 70 yrs) with young poor girl (say 20 yrs) where its clear that marriage was solemnized for pension gains..(this problem is not in india but i found in nepal remote hill ex servicemen a lot)

Anonymous said...

@ Medical Specialist, Please resist from making statements against particular region / ethnicity............your statement that "these cases are more common in uttranchal area and nepal gorkhas esp those who belong to remote hills and source of income is nil other then family pension" is not well taken.

Anonymous said...

Great Blog. Lots of information. Thanks @MajorNavdeep for writing this blog.

I took PMR in 2009 after 10 years of services due to medical reasons (I was double LMC) and I have just been granted disability pension.

I got married after I retired. I am yet to recieve my PPO. Do you have any idea which department in AGs branch deals with marriage-after-retirement cases?

You mention that officers