Child’s Pension Rights Untouchable: AFT Rejects Mother’s Waiver
The Armed Forces Tribunal (AFT) delivered a landmark judgment on August 3, 2025, safeguarding the inheritance and pension rights of a minor child. The ruling overturned a divorce settlement where the mother had agreed to waive these claims on behalf of her son.
The case involved the son of an Army Havildar. The AFT unequivocally stated that the mother’s relinquishment of these rights did not legally bind the child’s entitlements.
The Tribunal directed that the benefits, including pension and inheritance, be shared according to the law, ensuring the child’s future security. This decision reinforces the legal protection afforded to minor children within military families.
This judgment holds significant implications for countless military families across India, setting a crucial precedent for protecting the financial well-being of children in divorce settlements involving armed forces personnel. It underscores the judiciary’s commitment to safeguarding the interests of vulnerable dependents.