Chandigarh: Armed Forces Tribunal has expressed a regulation that eliminates widows of soldiers from the pension of the families (LFP) if he remarries others other than his brother as a void, in terms of "very discriminatory" and public policy violations.
While the government did change this policy after the recommendation of the fifth central payment commission in 1996, every wife of the army who had died was entitled to a familial pension that was liberalized before it would be seized from it in terms of remarriage to his partner's brother.
"Widows are competent and have the right to remember according to their options and will. Conditions to prevent widow's marriage or limit their choices to marry Husband's deceased because claiming LFP will only be the requirements imposed in restraints and hence, violating public policy to be followed in connection with marriage . Therefore, the two conditions ... canceled because they opposed public policy regarding marriage, "the court order.
The Tribunal's Lucknow Bench passed this order while allowing the application filed by Girija Devi, whose husband was a breeze Shree Kishan, Indigenous Surwari in the Mathura district, was killed in the 1971 war. The Applicant has been given a special family pension starting February 1, 1972, until his marriage on May 6 1974. After remarriage, he paid ordinary family retirement. He submitted a request for October 2011, told that the parents of the died soldier had died before 2006, but the families who were liberalized were not given to him. He then approached the court.
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