- The Sindh High Court ruled that divorced daughters of deceased pensioners are entitled to a share of their father’s pension until they remarry, equating them with unmarried daughters.
- The court criticized the denial of pension rights to divorced daughters, citing the 1983 amendment by the finance ministry that granted them equal status.
- The decision strengthens financial security for women, setting a legal precedent that promotes gender-inclusive policies and ensures economic justice.
In a landmark ruling, the Sindh High Court (SHC) has declared that divorced daughters of deceased pensioners are entitled to receive a share from their father’s monthly pension until they remarry. This progressive judgment underscores the evolving legal stance on social security rights for women, ensuring financial protection for divorced daughters facing economic hardships.
The verdict was issued by a two-judge constitutional bench, comprising Justice Mohammad Karim Khan and Justice Nisar Ahmed Bhanbhro, in response to a petition filed by Sarwat Ghazi Uddin. The petitioner contended that she, along with her unmarried sister, was legally entitled to the pension of their deceased father, who had retired as an assistant professor in the college education department in 1990 and passed away in January 2023. Despite existing regulations, provincial authorities had denied their rightful claim, prompting her to seek legal recourse.
Pension Rules and Legal Precedents
The court noted that pension benefits for bereaved families are governed by specific rules, wherein Sub-rule 2(A) of Rule 4(10) prioritizes widows over other legal heirs. However, in cases where no widow exists, the benefits are transferred to the next eligible family members as per the hierarchy defined under Rule 2(B). Traditionally, this included the father, mother, eldest surviving brother (under 21), eldest unmarried sister, widowed sister, and divorced daughter.
Recognizing the financial struggles of divorced and widowed daughters, the Ministry of Finance amended the Pension Rules in 1983, granting them the same status as unmarried daughters. This change positioned them under Sub-rule 2(A) of Rule 4(10), ensuring they were no longer sidelined from pension benefits.
Judicial Standpoint and Social Impact
The SHC emphasized that pension is a fundamental right of the bereaved family and cannot be arbitrarily denied. The court held that placing widowed or divorced daughters in a separate category from unmarried daughters was both unjust and discriminatory.
The government of Pakistan, through subordinate legislation, has rightly paved the way for divorced daughters to receive a share of their deceased parents’ pensions. The ruling directed the authorities to disburse the due pension amounts within four months, ensuring that all eligible heirs receive their rightful shares without undue delay.
A Step Towards Gender-Inclusive Financial Security
This ruling marks a significant victory for women’s rights and social justice in Pakistan. It acknowledges the economic vulnerabilities faced by divorced daughters and reaffirms the judiciary’s commitment to upholding their financial security. By equating the status of divorced daughters with unmarried ones, the court has set a precedent that strengthens gender-inclusive policies and ensures dignity for women navigating post-divorce financial hardships.
The decision is expected to encourage more divorced women to assert their rights, fostering a legal landscape that prioritizes fairness and economic empowerment. This progressive step by the Sindh High Court not only secures the financial well-being of divorced daughters but also reinforces Pakistan’s commitment to inclusive social welfare policies.
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