Female government servants or pensioners can nominate their children for family pension in cases of marital discord.

The Ministry of Personnel, Public Grievances & Pensions on Tuesday said that in case divorce proceedings are pending in a court of law, or the female Government servant/female pensioner has filed a case against her husband under Protection of Women from Domestic Violence Act or Dowry Prohibition Act or under Indian Penal Code, such female Government servant/Female Pensioner may make a request for grant of family pension after her death to her eligible child/children, in precedence to her husband.

As per the government notification, the female employee can submit her request in writing to the concerned Head of Office to the effect that, in the event of her death during the pendency of any of the aforesaid proceedings, family pension may be granted to her eligible child/children in precedence to her spouse.

Under the current establishment, the family pension is first granted to the spouse after the death of a government servant. The children and other family members become eligible for family pension only after the spouse of the deceased government servant becomes ineligible for family pension or dies.

Also, in the event of the death of the female employee, who had made a request, if the pensioner is survived by a widower and no child/children is eligible for family pension on the date of death, family pension shall be payable to the widower.

In case the deceased female employee is survived by a widower with a minor child or a child suffering from disorder or disability of mind including the mentally retarded, the family pension in respect of the deceased shall be payable to the widower.

However, in such a case, the guardian of such child/children and if the widower ceases to be the guardian of such child/children, such family pension shall be payable to the child through the person who is the actual guardian of such child/children.

The minor child, after attaining the age of majority, remains eligible for family pension. The family pension shall become payable to such child from the date on which he or she attains the age of majority.

In another case, if the pensioner is survived by a widower with a child who has attained the age of majority but is eligible for family pension, the family pension shall be payable to such child.