Section 22(16) in All India Services (Death-Cum-Retirement Benefits) Rules, 1958
(16)(a)Where a female member of service or male member of service dies leaving behind a judicially separated husband or widow with a child or children, the family pension payable in respect of deceased shall be payable to the surviving person provided he or she is the guardian of such child or children.(b)Where the surviving person has ceased to be the guardian of such child or children, such family pension shall be payable to the person who is the actual guardian of such child or children;(c)Subject to the proviso to sub-rule 15, after the child or children cease to be eligible for family pension under this rule, such family pension shall become payable to the surviving judicially separated spouse of the deceased member of service till his or her death or remarriage whichever is earlier.
