kalyan (senior consultant) 20 November 2017

Stay on pension benefits

Hello everybody, My sister is married and had a 12yrs old child. Brother-in-law works in air force, delhi. They are not in good terms for the last 7 years and now he is retiring from the Air Force services and had told that he will choose his own way after Service and will not take care of my sister and niece. We are hoping that he had an extramarital affair and we tried our best to convince him keeping in view the future of girl child. Now, we are planning to file a complaint against him. Here are the list of questions that i have: 1. If i file a case, will his pension benefits be withheld.? 2. In case i get a stay from court on his pension benefits, will Airforce stop the benefits from being withdrawn. 3. Where should i file a case, is it in delhi or my native AP. Please respond immediately.

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5 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 21 November 2017

If you have evidence of his extra-marital affair you can write to the Government even before he actually retires. His retirement benefits may be held in abeyance until the issue is decided.

kalyan (senior consultant) 21 November 2017

Sir we dont have any evidence. What would be the case, if we file a 498a and domestic violence case.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 21 November 2017

The letters should be direct from his wife. She can file 498A, DV also. Are husband and wife living together? If not she can claim compensation under Cr.P.C. 125.

(Guest)

I disagree with the views of Dr. M.P.S. Ramanai.

Pension can be shared but can't be stayed.

(Guest)

Rightly observed by Mr. Jigyasu.

Before taking any step forward, at first be sure if your brother-in-law really has any extra marital affairs. Otherwise, your sister can always ask for maintenance charges from her husband.