Recognition of Marriage after retirement for pensionary purposes
Some Record Offices have been refusing to recognise marriages solemnised
after retirement of defence personnel. This refusal is based on an MoD
letter issued on 02-06-1989 in which it had been provided that marriages
after retirement would only be considered for family pension purposes if
in a particular case it is the first marriage and is solemnised within 5 years
from retirement or before attaining the age of 45 years, whichever is earlier.
This position by Records Offices is incorrect and in total contravention
of rulings of the Hon’ble Supreme Court as well as Government policy.
The restrictions mentioned in the ibid MoD letter dated 02-06-1989 were
withdrawn and cancelled vide another letter issued by the MoD on
05-04-1991 which was based on the decision of the Hon’ble Supreme Court
in the case Bhagwati Vs UOI.Claimants can claim family pension based on
a certificate issued by the Registrar of Marriages or an affidavit sworn
before a First Class Magistrate.Cases of officers are to be processed through
AG’s Branch while those of JCOs and Other Ranks are to be initiated
through the respective Record Offices.
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