Agreement between divorced parents cannot deprive child the right to father’s property: AFT

The Armed Forces Tribunal (AFT) has ruled that the family pension and inheritance rights of a minor child whose father is no more cannot be relinquished or abandoned by the mother if the parents get a divorce.

The Tribunal’s Chandigarh Bench, comprising Justice Umesh Chandra Sharma and Air Marshal Manavendra Singh, said that a minor child is not bound by the terms of a mutual consent divorce decree between parents, specifically regarding inheritance, maintenance or property rights.

Allowing the petition filed by the minor son of an Army Havildar for grant of family pension and other retirement benefits, which went to the deceased’s second wife, the Bench said that such rights of the child remain vested and cannot be relinquished or abandoned by the mother without legal authority or approval from the competent court.

During the proceedings, it was brought out that the petitioner’s mother had received Rs 12.50 lakh from the deceased soldier towards herself and her child as full and final settlement of maintenance and alimony and had promised that thereafter she will not claim any maintenance or alimony from him.

“A son has vested and contingent interest in the property of his father. No permission regarding relinquishment of the rights of the applicant was taken or obtained from the District Judge. Therefore, this court is of the view that the petitioner’s mother was not competent enough to relinquish and abandon the rights of the petitioner,” the Bench held.

If she had given some words and had promised not to claim any maintenance or alimony or any property or inheritance, the same would be binding only between her and her former husband.

“The promise between both of them would not bind the petitioner. The word of his estoppel used by the petitioner’s mother would also not bind the petitioner as per the Service Rules and the Hindu Succession Act, which provides the right to the petitioner to claim his right, title and interest in the property of his father for which he cannot be prevented,” the Bench said.

Holding that the Military Law and Indian Succession Act provides right to the petitioner to claim the insurance, pension and other properties of his father, the Bench directed the authorities to divide the benefits equally between the petitioner and his father’s second wife, and release the dues within three months.