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The Supreme Court issued a notice on Special Leave Petition seeking for the eligibility of divorced daughter for Freedom Fighter’s Pension. The SLP challenging the judgement of Himachal Pradesh High Court which held that divorced daughter’s of a Freedom Fighter is not eligible for pension under the Swatantra Sainik Samman Pension Scheme. This petition is filed by the daughter of Ex-Freedom Fighter, Late Shri Gopal Ram. The petitioner contended that after divorce from her husband in 2015, she was totally dependent on her parents. The Plea further stated that she was totally dependent on her mother as her mother was drawing pension under the Swatantra Sainik Samman Pension Scheme but after the death of her mother the pension has been stopped.
The Plea further stated that the petitioner is not having any child and after the death of her parents, she is living a life in extreme poverty and therefore respectfully prays for the extension of the Swatantra Sainik Pension Scheme to her being the divorced daughter of the ex freedom fighter. The petitioner relied on the judgement of Punjab & Haryana Court in the case Khajani Devi vs. Union of India, in which the court extended the benefit of the Freedom Fighter’s Pension to a divorced daughter. The petitioner also stated that this judgement of Punjab & Haryana court was further upheld by the Supreme court in September, 2019.
The Supreme court has dismissed the Special Leave of the petitioner against the judgement of Punjab & Haryana court and observed that the impugned order adopts a progressive and socially constructive approach to give benefits to a daughter who was divorced treating her at party with the unmarried daughter. The bench of the Supreme court comprising Justice U U Lalit, Mohan M Shantanagoudar and Vineet Saran issued notice on the SLP, returnable by the last week of July.
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