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Amount after retirement

This query is : Resolved 

Online (Querist)
17 June 2013

Sir, My wife is residing in company provided residence and i am giving her Rs.8000 PM regularly, after three years i will be retire from my service and i will get the sump sum amount provident fund+ Graduty+ Leave encashment from my employer.

I want to know that can my wife ask any amount from my lump sum amount.and can get orders from the court.

Kindly help me to give the answer of My query

Dr. Jyothi Vishwanath (Expert)
19 June 2013

She may ask in the lump sum amount on grounds of increased expenditure, health etc
If the present Rs.8000 is sufficient for her, inspite of her claim, court may not grant her anything in the lump sum amount.

Anil sharmaOnline (Querist)
20 June 2013

@ Jyothi, Thanks for reply, Medical facility will be provided by company free of cost.and i will provide the shelter. After that Can she ask revised monthly maintenance or lump sum amount from my employer directly, please help me. Anil Sharma.

Anirudh (Expert)
20 June 2013

Dear Anil,
Nobody can say that your wife will not ask. What one can say is whether you will be able to defend such demands or not. That should be the real question.

In case your wife demands, you can always say that she is entitled to maintenance (shelter, food, clothing, medical etc. etc.) which you are already providing. You have to continue to provide. Any increased demand can be countered by saying that you are already retired and you are no more getting salary, therefore it will be difficult for you to provide anything more than what you are already paying.

Then it is for the judge to decide.

Anil sharmaOnline (Querist)
20 June 2013

@ANIRUDH, Thanks for your reply, but what law says. can court ordered for lump sum amount deduct from my employer, even while i am contentiously giving her maintenance.

Dr. Jyothi Vishwanath (Expert)
20 June 2013

She may ask always in the lump sum. If the court feels that the monthly maintenance is not sufficient for her, it may award her out of lump sum. If such situation arises, try to prove that the present monthly maintenance is sufficient for her and you need lump sum amount for old age and retirement life.

Anil sharmaOnline (Querist)
21 June 2013

Thanks DR. Jyothi..
Anil sharma

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