Judgment The petitioner has come up with this writ petition to direct the respondents to give the family pension as per the Pension Act to the petitioner from 12.06.2011 within a time frame fixed by this Hon'ble Court. 2. The case of the petitioner is that the petitioner's husband Nagarajan was joined in the Police duty in the year 1974. The petitioner was married to said Nagarajan on 05.09.1976 and were living a happy married life. Her husband joined in the Police Department as Constable initially. After a long service and seniority, her husband was promoted as a Special Sub Inspector of Police. After completion of 35 years, the petitioner's husband voluntarily retired from service on 30.04.2011. After the retirement, the petitioner's husband died on 12.06.2011 without receiving the voluntarily retirement service benefits. Due to some misunderstanding between the petitioner and her husband in the married life, the petitioner's husband filed a H.M.O.P.No.37 of 2001 before the Family Court, Madurai for divorce on the ground of desertion and conversion to another religion. The Family Court, Madurai by the order dated 24.02.2005 granted divorce on the ground of desertion. After the order of divorce, the petitioner's husband changed the nominee in his service register and entered his brother as nominee. After the death of the petitioner's husband, she applied for monetary benefits and the same was rejected by the second respondent and it was granted to the petitioner's husband's brother. Thereafter, she made a representation, dated 01.02.2012 to the second respondent seeking Family Pension as per Section 49 Rule 11-A of Pension Act. The respondents has failed to grant family pension. Therefore, the petitioner filed the present writ petition for the relief stated supra. 3. The first respondent has filed a counter affidavit denying the various allegations made in the affidavit. The first respondent has stated that Rule 49(11-A) of the Tamil Nadu Pension Rules provides for family pension to the surviving spouse where female Government Servant or male Government servant dies leaving behind a judicially separated husband or widow and there is no child or children. In the present case, the petitioner's husband filed a divorce application in H.M.O.P.No.37 of 2001 and got a decree of divorce dissolving the marriage between him and his wife. In the present case, the petitioner's husband filed a divorce application in H.M.O.P.No.37 of 2001 and got a decree of divorce dissolving the marriage between him and his wife. Therefore, the marriage has been dissolved and it cannot be treated as a judicially separated wife and the benefits conferred invoking Rule 49(11-A) of Tamil Nadu Pension Rules 1978. 4. The counter affidavit in paragraphs 5 & 6 are reads as follows: "The first respondent submits that Judicial separation is an arrangement by which husband and wife live apart by the Court's decree. It does not extinguish the marital relationship between the two. In other words, judicial separation permits parties not to cohabit without bringing to an end their tie of wedlock. It is separation from both bed and board. With decree of judicial separation in hands parties remain husband and wife and are not free to remarry. It only suspends their certain mutual rights and obligations leaving room for reconciliation. Whereas divorce which is covered under Section 13 of Hindu Marriage Act provides that any marriage solemnized, whether before or after the commencement of this Act, may on a petition presented by either the husband or the wife, be dissolved by a decree on the ground of adultery or cruelty or desertion or any other reasons considered valid by the Court. In the case of petitioner divorce was granted by the Court on the ground of desertion and conversion to another religion. 6. The First Respondent further submit that according to Rule 49(11-A) where female Government servant or male Government Servant dies leaving behind a judicially separated husband or widow and there is no child or children the family pension in respect of the deceased shall be payable to the person surviving provided that wherein a case the judicial separation is granted on the ground of adultery and the death of the Government servant take place during the period of such judicial separation, the family pension shall not be payable to the person surviving if such person surviving was held guilty of committing adultery. Thus, the Rule allows family pension to spouse, only in the cases of judicial separation. The petitioner who has been divorced by her husband through Court of Law had misunderstood the divorce as judicial separation and seeks family pension for her. " 5. Thus, the Rule allows family pension to spouse, only in the cases of judicial separation. The petitioner who has been divorced by her husband through Court of Law had misunderstood the divorce as judicial separation and seeks family pension for her. " 5. The learned counsel for the petitioner reiterated the averments made in the affidavit and counter affidavit. I have carefully perused the materials on record and consider the arguments of the counsel for the petitioner and the respondents. The petitioner claims that she is the judicially separated wife. From the records, it is seen that the petitioner's husband obtained a decree of divorce on the ground of desertion and conversion to another religion. The petitioner seeks family pension invoking Rule 49(11-A) of Tamil Nadu Pension Rule. The said Rules reads as follows:- "(11-A) Where female Government Servant or male Government servant dies leaving behind a judicially separated husband or widow and there is no child or children the family pension in respect of the deceased shall be payable to the person surviving; Provided that wherein a case the judicial separation is granted on the ground of adultery and the death of the Government servant take place during the period of such judicial separation, the family pension shall not be payable to the person surviving if such person surviving was held guilty of committing adultery." 6. The petitioner claims that she is judicially separated wife. Once a decree of divorce is granted, the relationship of husband and wife is once for all dissolved. On the other hand, in case of judicial separation, he or she continued to be a husband or wife. They have right to live separately. Therefore, the petitioner is not entitled to the benefit of family pension under Rule 49(11-A) of the Tamil Nadu Pension Rules. 7. In the result, the writ petition is dismissed. No costs.