maintenance of a muslim wife of an ex serviceman

Querist : Anonymous (Querist) 17 April 2015 This query is : Resolved
one of my sister named kulsuma begum was married with a serviceman of assam rifles. One year ago her husband has taken volunteer retirement and after coming to the home inspite of being his first wife kulsuma begam alive he remarried and started to torture his first wife. She tried her level best to compromise but failed. Few days ago she was drove out by her husband from house along with her three daughters among the daughters one is matured. Now she is living in her father's housev
Now , sir please kindly guide her as which step would be most appropriate for her.and as her husband is ex serviceman and she is the nominee now can her husband change the nominee? Secondly as being the wife of an ex serviceman of assam riffles can she claim any relief from assam riffles

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Mohammed Mujeeb (Expert) 18 April 2015
I am afraid the Army or Assam Rifles will not be able to help much. The Army Law protects rights of a wife till the person was in service and covered by the provisions of Army Act. There is nothing in the Army Act which can help a wife post retirement.
The option of Criminal Litigation under various provisions of DV Act and IPC are however available to you.

Querist : Anonymous (Querist) 18 April 2015
Dear mujeeb sir ,thanks for yor valuable suggestion.
But as she i.e his first wife kulsuma begum is the nominee of his pension so, can her husband transfer her nomination from pension and can he assign it to his second wife?

Mohammed Mujeeb (Expert) 21 April 2015
Sorry For delayed answer.

Insofar as Army is concerned, Kulsuma Begum will continue to be his wife in pension papers.
He can not change her as long as she is alive or not divorced.
He can apply to Army for including second wife's name, but that would be difficult.
From facts it appears that Kulsuma B has been tortured and thrown out of house. Approach a lawyer and file cases under 498A IPC & DV Act
All the best

RAMAKRISHNA (Expert) 21 May 2015
Agreeing with Mr Md Mujeed, I would like to add that ` IInd wife name can't be entered in PPO during the life time of Ist wife. The nominee for pension is not as per his wish or will. It is purely in the order of priority as mentioned in Pen Reg for Army. i.e., Wife, thereafter eligible children if any, if not then his mother may get if she is dependant. But IInd wife cann't get any benefit from pension during the life time of Ist wife.//// Opinion By a person having 5 yrs practical experience in a Office dealing with Pension of Def pers

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