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april 2016

Supreme Court of India · 2016-04-26

PHILOMINA.K.A. vs DISTRICT COLLECTOR ALAPPUZHA

Citation / case number
SC 2015/8461
Court
Supreme Court of India
Petitioner
PHILOMINA.K.A.
Respondent
DISTRICT COLLECTOR ALAPPUZHA
Author
A. K. SIKRI
Bench
R.K. AGRAWAL A.K. SIKRI

Judgment text excerpt

The Supreme Court ruled that under the Kerala Freedom Fighters' Pension Rules, 1971, an unmarried daughter of a deceased freedom fighter is entitled to pension despite having a son from an extramarital relationship, as long as she is not financially independent. The Court emphasized that dependency is determined by financial status rather than marital status, and held that the appellant, Philomina, qualifies for the pension as she has no other income and is living with her nephew. The Court overturned the lower courts' decisions that denied her pension based on her son's age and marital status.

PHILOMINA.K.A. vs DISTRICT COLLECTOR ALAPPUZHA · Niyam