Family pension


Hi,

Husband is state govt. pension holder and not staying with wife and not giving any alimony to wwife. Is there any law or any provision, so that wife can get any portion of pension hence husband is alive?.

With Best Regards

Kanai Guchhait

 

 

 
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Law Student

Yes, if the wife is unable to maintain herself/cover her expenses, she can file for maintenance u/s 125 of the CrPC. She can apply for restitution of conjugal rights, which is her marital right, and the husband's failure to comply with which will provide her with a ground for divorce. Post that, she can also apply for permanent alimony u/s 25 of the Hindu Marriage Act.
 
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Dear Sir,

Actualy both the Husband and wife are seniour citizen. Husbands age is above 75 years and wife is 65 plus, so, in this situation is divorce compalsury? Please guide.

Thanks & Regards

Kanai

 

 
Reply   
 
Consultant

Husband age 75 yrs., getting pension from last 15 yrs. And you approach for legal opinion now?? How his wife survive on those yrs.?? First collect details of his PPO (Pension Payment Order) to claim any part thereof.
 
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Law Student

Yes, ma'am, divorce would still be compulsory.

 
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