Yes, a daughter who is divorced can get her dead father’s pension, no matter when she gets divorced. This story shows how a strict government rule got in the way of a daughter’s fight for her rightful pension. It is based on a real Supreme Court of Pakistan decision from 2023. It all started with the death of her daughter, then a remarriage, and finally a divorce that made her demand what was rightfully hers.
Her father was proud of her; she worked for the government for decades without stopping. When he died, his pension was her lifeline. It was a small but important source of income for his unmarried daughter. This pension was her right under the Sindh Civil Servants Act of 1973. It was a reward for her father’s service to the state. But things changed. In 2022, she got married, and the pension stopped because the rules said she could only get it if she was married.
Then the heartbreak happened. Later that year, her marriage ended in khula, which is the Islamic right for a woman to get a divorce. She went back to the government, now a divorced daughter, and asked for her father’s pension to be reinstated. But the authorities said no, citing a 2022 Finance Department Circular. It said that a daughter could only get the pension if she was already divorced or widowed when her father died. They shut the door on her because she got divorced after that.
She felt like she had been let down. Her father’s pension wasn’t a gift; it was a legal right that he earned through years of work. Why should the timing of her divorce take it away from her? She was determined to fight, so she took her case to the High Court and filed a constitutional petition, which is a legal challenge saying that her basic rights were violated. The High Court agreed with her and gave her the pension. But the government didn’t agree and took the case to the Supreme Court of Pakistan.
The main question the court had to answer was simple but serious: Does a daughter have the right to her dead father’s pension depend on whether she divorced him before or after he died? It wasn’t just about the money. It was about fairness, dignity, and the law’s promise to protect those who were left behind.
The Sindh Civil Servants Act of 1973 is very clear. It says that a civil servant’s pension goes to their family after they die, even if they have unmarried or divorced daughters. According to Rule 4.10 of the Pension Rules, a “family” can include a divorced daughter, but it doesn’t say when the divorce has to happen. But the 2022 Circular added a twist: it said that the daughter had to be divorced or widowed at the exact moment the pensioner died. The Finance Department made this a bureaucratic problem, not a legal one.
The Supreme Court looked even deeper. They said that a pension isn’t a gift. Article 9 of Pakistan’s Constitution protects the right to life and dignity. It was not only unfair to deny it based on a technicality like the timing of a divorce; it was also against the law. The court also saw a bigger problem: the rules linked a woman’s financial security to her marital status, assuming that married women are “taken care of” and unmarried or divorced women are “dependent.” The judges said that this way of thinking came from a bias against women.
The court’s decision was clear. The Circular was against the law and was not valid from the start. It couldn’t go against the law or the Pension Rules, which say that a daughter can’t lose her pension just because she got divorced. The judges went even further and asked why a daughter’s financial need should depend on whether or not she is married. They talked about Pakistan’s international obligations, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which says that women should be treated the same as men. They said that linking pensions to marital status goes against Articles 14, 25, and 27 of the Constitution, which say that everyone should be treated equally.
The daughter came out on top. She got her pension back because it was her right, not because she was married. The court’s decision was a criticism of old rules and a call for change. It told lawmakers to rethink pension laws and base them on people’s financial needs instead of stereotypes about women being dependent. For her, it was more than just money; it was a victory for her dignity and a sign that her father’s legacy was hers, no matter what life threw at her.
The Supreme Court of Pakistan made a real decision in 2023 that this story is based on.
Questions and Answers
If a daughter gets divorced after her father dies, can she still get his pension? Yes, the Supreme Court of Pakistan said in 2023 that a divorced daughter can get her dead father’s pension, no matter when she gets divorced, as long as she meets the other requirements set by the law.
What does a family pension mean in Pakistan? The Sindh Civil Servants Act of 1973 says that a family pension is a financial benefit given to the family of a deceased government worker, such as their spouse, children, or parents, to help them after their death.
What made the 2022 Circular against the law? The Circular was thrown out because it added a condition that wasn’t in the law or Pension Rules: a daughter had to be divorced when her father died. This violated her legal rights.
In Pakistan, how does being married or single affect pension rights? The Supreme Court said that the current rules that link a daughter’s pension eligibility to her marital status are unfair and should be changed to need-based criteria instead of patriarchal assumptions.
In Pakistani law, what is khula? Khula is a woman’s right under Islamic law to get a divorce by giving back her dower or making other arrangements. If the husband doesn’t agree, she usually needs court approval.
Is it possible for a married daughter to get her father’s pension? Right now, a married daughter usually loses her right to a pension, but the Supreme Court has questioned this and said that laws should focus on financial need, not marital status.
Notice
This blog is only for public information and does not give legal advice.
Written by Jehangir Badar, a lawyer in the High Court. He started Verdict Tales, a bilingual platform that turns real court decisions into stories about people to help people learn about the law. This case hit close to home. It reminds me that laws should help people, not hold them back because of old biases. You can find more stories like this on Verdict Tales or connect with Jehangir on LinkedIn.
