LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

arjun singh (retired)     02 April 2017

Claims retirement benefits in divorce proceedings

My question is :In the event of ongoing divorce in case of central govt employee , who is the petitioner in divorce case and is planning for retirement , What claims on his retirement benefits are admissible under law ( gratuity/Leave encasement/AGIF/commutation/pension), also consider the following input that NOK/nominee is not the estranged spouse. 1.Can she lay any claim at all on any retirement benefits besides maintenance. 2. Are there any category of the retirement benefits mentioned above exempted totally from claim by any person i.e cannot approach court for those benefits under any situation as not permissible by law. 3.Can any appeal /stay/injunction be allowed by the court against payment of retirement benefits pending in PCDA ( pensions) and claimed for by the respondent in the divorce case OR will the payment be granted and processed by pension office regardless. 4.Is there a difference on this subject in respect of army officers and other central govt employees.5. Are there any legal  safeguards one can take against such eventualities beforehand? 6.Lastly , please suggest or advice legal ways and means to combat the situation as i am not willing to share the hard earned retirement benefits. Thanks in advance. 



Learning

 27 Replies


(Guest)

There is no lein as such on retirement benefits, but you have no escape route also, if court orders exhorbitant alimony then you can fight on basis of merits of case.  But payment is pucca, that you willl have to do until she remarries.  

Idea.

Why not search boy for marrying off wife?  Once she remarries, no more paying alllimunni.

Or best is go for one time settlement.  Pay wife one time huge alimony and get rid of paying her alimony each month till you die?

Sudhir Kumar, Advocate (Advocate)     02 April 2017

1.Can she lay any claim at all on any retirement benefits besides maintenance. 2. Are there any category of the retirement benefits mentioned above exempted totally from claim by any person i.e cannot approach court for those benefits under any situation as not permissible by law.

NOTHING IC ASE OF RETIRMENT
 
FULL IN CASE OF DEATH WHILE IN SERVICE.

Sudhir Kumar, Advocate (Advocate)     02 April 2017

3.Can any appeal /stay/injunction be allowed by the court against payment of retirement benefits pending in PCDA ( pensions) and claimed for by the respondent in the divorce case OR will the payment be granted and processed by pension office regardless.
 
फालतू विचार आया कहाँ से are you hiding any facts?
1 Like

Sudhir Kumar, Advocate (Advocate)     02 April 2017

4.Is there a difference on this subject in respect of army officers and other central govt employees.
no

Sudhir Kumar, Advocate (Advocate)     02 April 2017

Are there any legal safeguards one can take against such eventualities beforehand?
 
6.Lastly , please suggest or advice legal ways and means to combat the situation as i am not willing to share the hard earned retirement benefits.
 
 
THERE ARE NO LEGAL SAFEGUARDS AGAINAT BASE LESS ASSUMPTIONS  (unless you are hinding vital facts.

Sudhir Kumar, Advocate (Advocate)     02 April 2017

3.Can any appeal /stay/injunction be allowed by the court against payment of retirement benefits pending in PCDA ( pensions) and claimed for by the respondent in the divorce case OR will the payment be granted and processed by pension office regardless.
 
HAS PCDA PROPOSED TO OFFER DUES TO ANYONE ELSE.?

Sudhir Kumar, Advocate (Advocate)     02 April 2017

Originally posted by : Helping Hand !
There is no lein as such on retirement benefits, but you have no escape route also, if court orders exhorbitant alimony then you can fight on basis of merits of case.  But payment is pucca, that you willl have to do until she remarries.  

Idea.

Why not search boy for marrying off wife?  Once she remarries, no more paying alllimunni.

Or best is go for one time settlement.  Pay wife one time huge alimony and get rid of paying her alimony each month till you die?

Sticking to waht I expressed, I agree to these views which are not contradictary of mine.

 

Your retirement benefits cannot be claimed by anyone else but that certainly does not at all mean that you do not have to pay maintenance and alimony (if otherwise due)

seshadri vikrala ( Asst.Security Commissioner/Group 'A' RETIRED)     02 April 2017

I FEEL TRUMP ON YOUR PRESUMPTION S AND PROBABILITY... IT'S A CASE OF DIVORCE... HONOURABLE COURT'S MAY RECOGNISE YOUR INCOME AND IF ON DIVORCE YOU HAVE TO ANSWER ONLY WHEN YOU FAIL TO COMPLY PROPER PAYMENT TO HER AND NOT OTHERWISE..IN A RECENT CASE, DELHI'S DIVORCED​ CASE.. EXWIFE FILED TO MORE MONEY THROUGH MAINTENANCE,SAY, TO ENHANCE FROM 5TOTHAT OF25 THOUSAND OR SO.. COURT ORDERS PRONOUNCED DENOUNCING HER , SHE IS EDUCATED AND AGAIN WANT MONEY FROM EX-HUSBAND... DISMISSED

arjun singh (retired)     02 April 2017

 thanks everyone for the suggestions/inputs

I am clear that alimony/maintenance has to be paid under any circumstance.

My question was more related to whether any claims can be done on my retirement benefits in addition to alimony which have been more or less answered by all you august (sic) gentlemen.

Mr sudhir pcda has not entered the picture yet since retirement is in the planning stage based on inputs such as yours.

Another question....Can the respondent apply for a stay on the payment of retirement benefits?

If not, another thought process is that siphon off the lumpsum retirement money to a relative/friend as soon as its paid out and tell the court i have gifted it or donated it, even while the case is subjudice.

@helping hand...sir...aur kisi garib nawaaz ki zindagi kyun kharaab karni remarriage karwa kar

aur aaj ke din mein aisa bawla milna bhi thoda namumkin hai...rofl

 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     02 April 2017

If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if:

  • Your marriage lasted 10 years or longer;

  • Your ex-spouse is unmarried;

  • Your ex-spouse is age 62 or older;

  • The benefit that your ex-spouse is entitled to receive based on their own work is less than the benefit they would receive based on your work; and

  • You are entitled to Social Security retirement or disability benefits.

Sudhir Kumar, Advocate (Advocate)     02 April 2017

"pcda has not entered the picture yet since retirement is in the planning stage based on inputs such as yours"

the on which action/proposal you want stay.  How can you file case without cause of action.

 

Sudhir Kumar, Advocate (Advocate)     02 April 2017

"Another question....Can the respondent apply for a stay on the payment of retirement benefits?"

whose respondent?
in which case?
there is no such provision in Pnesion rules.
 

 

Sudhir Kumar, Advocate (Advocate)     02 April 2017

"If not, another thought process is that siphon off the lumpsum retirement money to a relative/friend as soon as its paid out and tell the court i have gifted it or donated it, even while the case is subjudice."

 

what excatly you want to know?

you are not understanding :-

 

  1. It is your liability to pay.  it doe snot exntiguish by hiding the money.  Judges are literate enough.  They deal daily with persons like you.
  2. Once you hand over money to friend or relative it is gone.  The person thereafter is boundto be your worst enemy and ne3ver on earth expect any refund from him.

Sudhir Kumar, Advocate (Advocate)     02 April 2017

Originally posted by : Rama chary Rachakonda
If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if:



Your marriage lasted 10 years or longer;


Your ex-spouse is unmarried;


Your ex-spouse is age 62 or older;


The benefit that your ex-spouse is entitled to receive based on their own work is less than the benefit they would receive based on your work; and


You are entitled to Social Security retirement or disability benefits.

 

I will be enlightened and greatfeful if any provision of CCS(Pension) Rules could be quoted in support of this.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register