Although Hindu Adoptions and Maintenance Act entitles widow of a government servant to adopt a son/daughter, but rights and entitlements of such adopted son/daughter as available under Hindu Law against his/her adoptive family, would not be available as against deceased government servant, under the 1972 Rules. Held, The entitlement of such a posthumous child is wholly distinct from a child being adopted subsequent to the demise of the government servant by the surviving spouse. The reason for the same is not far to see. This is because the deceased government servant would have had no relationship with the adopted child which would have been adopted subsequent to his demise, as opposed to a posthumous child. Therefore, the definition of the word “family” in relation to a government servant means various categories of persons coming within the nomenclature of the word “family” and all persons who would have had a familial relationship with the government servant during his lifetime. Any other interpretation would lead to abuse of the provision in the matter of grant of family pension. Para 35
[Ram Shridhar Chimurkar v. Union of India, (2023) 4 SCC 312]