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.