“If my wife leaves me, is my live-in partner not entitled to pension?” – A decision of Delhi High Court started a new debate

Delhi HC On Pension and Gratuity: Marriage, divorce, and relationships… the meanings of these words are very clear in society and law books. But what happens when a relationship falls somewhere between these definitions? One such case reached the Delhi High Court, which has now sparked a new and huge debate – “Can the live-in partner of a government employee also be entitled to family pension?”

What is this whole matter? (An employee’s story)

This is the story of a government employee, whose life is no less than a film script:

• An employee’s wife leaves him without giving him a divorce.
• In 1983, he starts a live-in relationship with another woman. He also has two children from this relationship.
• He never hides his new relationship, but tries to give family status to his live-in partner and children.
• However, the department accuses him of ‘neglecting’ his first wife and daughter and his salary is deducted.
• In 2011, just before retirement, he is accused of giving wrong information while getting passports for his children and 50% of his pension and gratuity is stopped forever.

Now, after years of battle, the case reached the Delhi High Court, where the court made a historic comment.

What did the High Court say?

The court said that when the employee never hid his relationship and always considered his partner and children as part of the family, then he cannot be deprived of his retirement benefits merely on this basis.
The Court said:

• It is wrong to stop 50% of the employee’s pension and gratuity.
• He should be returned his entire withheld amount with 6% interest.

And the biggest thing…

The High Court also asked the Central Government to consider whether family pension and government health facilities (CGHS) can be given to the live-in partner and children of that employee.

So what will happen next?

The final decision in this matter now has to be taken by the Central Government. But this instruction of Delhi High Court has opened a big door. This question has now become not just for one person, but for thousands of people who live in live-in relationships in India.

If the government takes a positive decision on this, it will be a revolutionary change in the family laws of India, which will give a new legal and social identity to live-in relationships.