Jammu & Kashmir High Court
Smt. Neelam vs Union Of India & Ors on 15 October, 2025
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
2025:JKLHC-JMU:3429-DB
Sr. No. 32
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 2883/2025
Smt. Neelam .... Petitioner(s)
Through:- None.
V/s
Union of India & Ors. .....Respondent(s)
Through:- None.
CORAM : HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE.
HON'BLE MR. JUSTICE SANJAY PARIHAR JUDGE.
ORDER
15.10.2025
1. Impugned in this petition filed by the petitioner is an order and
judgment dated 13.05.2025 passed by the Armed Forces Tribunal,
Regional Bank Service in OA No. 188 of 2022 titled "Smt. Neelam vs.
Union of India & Ors." whereby the AFT dismissed the OA of the
petitioner for seeking "Family Pension".
2. Briefly stated the facts leading to the filing of this petition are that
the Ex. SWR (Late) Misree was discharged on completion of his term and
granted service pension. While he was receiving service pension from the
Indian Army, Late Misree, the father of the petitioner herein died on
17.01.1992. The respondents granted family Pension to his wife Keser
Bibi vide PCDA, Allahabad PPO No. F/SF/PRE-64/01330/03 with effect
from 18.01.1992. The wife, Keser Bibi also died on 18.12.1996. After
about 22 years of the death of Keser Bibi, an application was moved by
the petitioner on 03.11.2018 claiming family pension on the ground that
she was a divorced daughter of Late Mr. Misree and Keser Bibi.
3. With a view to verifying the eligibility criteria of the petitioner for
grant of family Pension, service documents of the Solider were
requisitioned by the Records JAK RIF from the National Archives of
India (NIA).
2025:JKLHC-JMU:3429-DB
4. From the service documents, it was found that the name of the
petitioner was not recorded as daughter of the Army Personnel Misree
and, accordingly, vide letter dated 23.05.2023, the petitioner was advised
to submit documents for further consideration of her claim.
5. Feeling aggrieved, the petitioner filed the petition OA No. 188/2022
before the AFT. The AFT having considered the rival contentions came to
the conclusion that in view of the material on record, there were two
divorce deeds produced by the petitioner, one executed on 13.12.1996 and
other in the year 2010 and, therefore, it was difficult to determine which
one was a valid and genuine document.
6. The AFT seriously doubted the execution of Talaknama on
13.12.1996 which was neither prepared on stamp paper nor was verified
by any „Imam Maszid Sharif‟. AFT also took note of the fact that if the
divorce had taken place on 13.12.1996, how the son was born to the
petitioner from the divorced husband on 13.11.1997. It also came on
record that despite the petitioner claiming to have been divorced on
13.12.1996, she had been receiving maintenance from her husband till the
year 2010.
7. Taking all these facts into consideration, the Tribunal came to the
conclusion that plea of the petitioner that she was a divorced daughter of
the Ex-servicemen and dependent upon him was found to be a result of
manipulation and fabrication.
8. Having heard learned counsel for the parties and perused the
material on record, we are of the considered opinion that the view taken
by the AFT is correct and unexceptional.
9. The petitioner has not been able to substantiate her plea that she was
a divorced daughter of the ex-servicemen Misree and dependent upon
him. Production of two divorce deeds and receiving maintenance from the
husband for almost 14 years after the alleged divorce put the claim of the
petitioner in a serious doubt.
10. The Tribunal has returned its finding on the aforesaid aspect and we
do not intend to take a view different from the one taken by the AFT on
the questions of facts.
2025:JKLHC-JMU:3429-DB
11. For all these reasons, the writ petition is found devoid of any merit,
and the same is, accordingly, dismissed.
12. We, however, leave it open to the petitioner to seek an appropriate
remedy from the competent Civil Court and then lodge her claim for
pension, if tenable under law.
(Sanjay Parihar) (Sanjeev Kumar)
Judge Judge
JAMMU
15.10.2025
NEHA-1
