Revocation of retirement funds and benefits

This query is : Resolved 

08 December 2018

Dear Sir/Madam,

The query is related to my elder sister who got married about 32-33 yrs back to a Govt. Employee (BHEL Hardiwar), Since last 5 years my sister is residing with me in Ghaziabad as she was facing domestic voilance thru her husband and widow Bhabhi and extramarital affiars of her husband with his Bhabhi.

In the current year my Sister has lodged a court case in Ghaziabad Court for maintenance , contrary he served the court notice U/s 9 of Hindu Marriage Act.

Further, it come to know that he is going to retire in coming year, now my concern is that his retirement benfits/funds should not be released to him in any circumstances till the decision of the Maintenance Case filed by my sister.

I would be greatful if you could please guide me what course of action should be taken in this regard, I understand that an immedate action is need to be taken as he is going to retire shortly.

With Thanks and Warm Regards,

Isaac Gabriel (Expert)
08 December 2018

Unless divorced, her rights cannot be taken away. Even pension proposals too cannot be admitted if the wife name is avoided.Neverthless consult a service lawyer conversant with the service matters.

Dr J C Vashista (Expert)
09 December 2018

Retirement benefits of an employee can not be stopped by his employer on the plea of a "maintenance" case pending against him.
It is his (but not his wife's) entitlement.
No court can grant an injunction to stay release of his retiral benefits.
What is the opinion and advise of your lawyer ?

Shailendra M. Deshpande (Expert)
09 December 2018

Agree with expert Advice by Dr J C Vashista. Retirement benefits like PF, Gratuity cannot be attached for any reason.

Manoj Kumar (Querist)
11 December 2018

Thanks a lot to all the learned counsel for giving their valuable time and advice, I will discuss the matter with my advocate too but I understand that he will be in the same opinion, but now i am worried that how will she get her entitlements, will she get the 50% of pension after his retirement, someone told me that in BHEL pension is very
nominal (current salry of the person is some around 60K), will it be benefitial to lodge the Divorce case right now?

I would be highly obliged if you could plese guide me in right direction in order to enable me to do something good for my sister.

Sincerely Yours,
Manoj Kumar

krishna mohan (Expert)
11 December 2018

Legally married wife will be included as dependent for family pension in the event of demise of the pensioner. Hence you need to check whether your sister name is included and normally it is declared as the event take place. Regarding the maintenance it is an independent action and you can consult your lawyer for right advise as he is in service.

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