m.k.r (none) 21 November 2014

Legal rights of a wife married to a husband with mistresses

Hello! My 65 year old mother has just found out that my father has had 2 mistresses for several years now. My mother is his legal wedded wife. My mother was nominated to his pension bank account until recently. He has changed the nomination to mistress #1's adult son. Mistresses son is not my fathers biological son but the bank papers show him as his son. My brother is my fathers biological son.

Does my mother have any legal right to his pension account? My mother has no source of income.

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7 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 21 November 2014

Dear, Yes she does.... Kapil chandna adv, 9899011450

Isaac Gabriel (Advocate) 22 November 2014

First wife/legally wedded is entitled for pensionary benefits,but not the #1.If her son has been accepted as the son of your father,he is eligible i.e illegitimate son for the benefits.

m.k.r (none) 22 November 2014

Thank you both.

Mr. Isaac Gabriel, could you please clarify................does the bank have to accept mistresses son as his illegitimate son or do you mean the son has to be accepted by the courts as his illegitimate son?

Bank form shows mistresses son as "foster son". We don't know if my father legally adopted a 30 year old man as his son or if he simply used the words "foster son" on the bank nomination form only and hasn't actually adopted him.

I really appreciate your help.

ADVOCATE Prem Joshi (Advocate/ Legal Consultant) 22 November 2014

File the case u/s 494 ipc - marriage again during lifetime of husband or wife

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 22 November 2014

You have not stated what is the source of pension and people have started answering you. If the source of pension is the Central or any State Government only the legally wedded wife is eligible. If the wife is not alive his children would be eligible. The staff at bank perfunctorily receive and register the nomination as it comes into effect only after the death of the account holder and under law a nominee is not necessarily a successor. But the real fact of life is that a nominee is de facto successor and it will be very difficult for the legal heir to claim it from the nominee, especially since cash can vanish in no time. You help your mother to contest the nomination or at least register her claim immediately.

m.k.r (none) 22 November 2014

Thank you Mr. Joshi and Dr. Ramani.

Dr. Ramani, yes, it is a State government pension. I will help my mom contest it for sure. I really appreciate your help.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 23 November 2014

If you want to punish your father you can resort to IPC. But it can be counterproductive too, because any action against him can affect his pension, which it turn can affect your mother. You can purchase the pension rules from the pension disbursing office of the State Government. Otherwise you can try the Government Printing Press. There are also publications by individual authors with commentaries and case laws.