Rajesh Tandon
01 October 2012 at 14:49
Though normally the pension cannot be attached by a court.
(i)In a normal case, a person after getting divorce from his wife keeps giving alimony/ maintenance as decided by the court,(if it is not a one time settlement). But what happens to the maintenance/alimony in respect of children if the first divorce wife starts earning/remarries. Is it the responsibility of second husband for maintenance of children from first marriage post remarriage of divorced wife or first husband continues with responsibility of maintenance towards children from first marriage(if staying with first ex wife & second Husband).
(ii) If a person gets divorced from his wife and thereafter keeps giving alimony/ maintenance as decided by the court, what happens once he dies. After death of the person (if he is the pensioner), would the maintenance/ alimony due be deducted out of family pension of the pensioner now authorised to his second legally wedded wife, (post divorce with first wife).
Rajesh Tandon
01 October 2012 at 14:39
(a) Brief Background -I have been doing their duties of Director, Ex-Servicemen Helpline (ESM Helpline) for quite some time. During the course of my duties, I have come across a case wherein an ex-servicemen who has died, but during his lifetime he had two marriages. He had divorce from the first wife and thereafter married for the second time. As for the pension regulations, an unmarried and unemployed daughter if there be from first marriage i.e from divorce mother is entitled to share of pension though the divorce mother is not entitled to the pension. In the present case, the ESM has one Daughter A, who is currently unemployed and unmarried from divorce mother i.e from first marriage of her father entitled for share of pension along with Wife B(second wife after divorce) as per the clause of division of pension under pension regulations. Incidentally Wife B(second wife after divorce) does not have any children. The details of the record of children from the first wife and name of second wife B are duly entered in the record of ESM held with Army authorities. As far as the matter of division of pension between Daughter A and Wife B is concerned, it is almost a clear situation. However, what is not clear is the latest development, which is that a third claimant for the pension i.e a daughter from third lady Daughter C has suddenly appeared in front of Army authorities. Based on the claim from the third-party, authorities in Army Headquarter have decided to distribute pension between three parties. The Daughter A visited the ESM helpline asking for a legal query as to what is the basis for any administrative authority to check, the claim of pension by a person whose name has not even been entered in the record of any ex-government employee. It has been learnt during the interaction with Daughter A that Daughter C is from a Maid servant D who used to work for her father.
(b) Query No 1 (on children born out of void marriages) - Since section 16 of The Hindu Marriage Act,1955, confers legitimacy to the children born out of void marriages& (Supreme Court verdict on Rameshwari Devi vs State Of Bihar And Others on 27 January, 2000), and accordingly, the pension regulation also covers the entitlement of pension two children born out of void marriages,kindly clarify
(i) as to what is the basis/documents for administrative authorities to decide as to if Daughter C is a genuine claimant born out of the void marriage or just producing some documents.
(ii) Is it that the third-party i.e Maid servant D has to first approach the civil court to establish her marriage whereby the civil court decides as to if the marriage occurred during the lifetime of second legally wedded wife B of ESM to declare it as a void marriage, and further establish as to if Daughter C is actually born from wedlock between ESM and Maid servant D.
(iii) Is it just producing of certain documents by the third claimant that the administrative authorities should decide about the division of pension for the third-party or should they rely on the true copy of the court judgement which says that Daughter C is actually born from a void marriage between ESM and Maid servant D. Unfortunately, I have come an instance of a person giving wrong declaration on an affidavit.
(iv) Is it that any administrative authority should rely solely on documents obtained from office of registrar of birth and death instead of any court judgement?
(v) Any other documents which administrative authority should take into account as a basis for deciding the claim for division of pension?
sarita
30 September 2012 at 18:49
hello sir, if any adult girl and adult boy was live together in relationship and after one and half year later girl know everything about boy and he is very bad person, like he is alcohlic, smoking and very important thing he beat that girl after drink and abuse her, boy have no respect for girls and womens. girl is graduate but alone, her father and mother is no more. girl want to leave that boy but boy don't leave her and everytime keep eye on her, so in this case how can she get help with police or mahila ayog or any other legal way. plz reply me she is my friend. -sarita
swasti
29 September 2012 at 22:21
Wife filed for annulment on ground of impotency ( used the wordings: not physically and mentally fit for married life) and non consummation. Husband has filed counter denying all allegations, and also filed application (IA) for potency test by medical board. Issue framing and trial not started.
Now, can husband insist for affidavit from wife on allegations in her petition ie. impotency & non consummation?
Is getting such an affidavit before my medical test going to help me anyway?
What are the steps to be taken from my side before pressing my application for potency test?
or
Should I wait and let the court allow my application (IA) on its own or on her request?
DNJ
29 September 2012 at 15:48
Facts of my case:
1) Marriage : 12-Dec-08 (wife's place - Nasik) husband is from Mumbai
2) Wife staying separately since May 2009 after performing Godbharai wife sent to her parent's home.
3) Child (male) born in Aug 2009
4) Stridhan taken back by wife's relatives in Jun 2010. Noted on Stamp paper by husband
5) Husband sends 3 money orders to wife in 3 consecutive months of Rs. 3,000/- in 2011 but rejected by wife without any reason.
6) Legal notice from husband on RCR in March 2012 followed by petition in April 2012 as no response from wife's side for RCR.
7) 2 dates wife doesn't appear in Mumbai Family court in RCR petition.
8) August 2012 Wife files for 125 CrPC in Nasik district court and another for DV u/s 12(1), 18, 19 & 20 against husband and his parents (both parents are unwell).
9) Summons received only for 125 CrPC and not for DV by husband so far.
Queries:
1) Can a decree be obtained on basis of absence in RCR petition by husband exparte?
2) How long does it take to obtain the exparte for RCR?
3) What to do next after RCR?
4) Does husband have to give maintenance u/s 125 to wife despite she desserting husband?
5) Can husband claim child's custody? who is just 3 years old?
6) Can DV case be applied for Quashing even before the summons are receievd by husband?
7) Can husband seek exemption of unwell parents from appearance before Nasik court in DV case if it is admitted by Nasik court? Do the parents have to appear in Nasik court to seek exemption for DV case?
8) What's the basis and quantum of maintenance to be paid in above case as a proportion of husband's salary?
Truly appreciate your feedback on these.
Thanks,
DNJ
swasti
29 September 2012 at 15:45
If family court allowed an IA by petitioner to amend the main petition, what are the options available for respondent to challenge that order? The issue framing and trial not started yet. The IA is to add mental cruelty as new ground in main annulment petition filed on impotency ground. I've objected the IA saying such amendment will change the basic nature of the main petition.
Can I file revision petition before the same judge?
Can I go for appeal before District Court?
Can I go for appeal before High court?
Is permission from Family Court required to file revision or appeal on IA order?
kavkaz
29 September 2012 at 09:56
If my wife is ready to rejoin me, then which condition should be mentioned in the family court consent terms so as to ensure that in future only the court would pop up in between me and my wife to resolve our matrimonial issues, if any.
And that me or my wife, should not involve any third party other than the court to resolve our matrimonial issues in the coming years, when I would be spending my rest of the life with her.
I just want to ensure my complete safety, i.e., I should not be trapped in any false dowry or domestic violence case in future.
4WhatIsRight
28 September 2012 at 23:44
one of my muslim friend married a hindu girl in 1997, under special marriage act.
in 1999 after a heated argument my friend divorced his wife by saying TALAQ thrice and destroyed the marriage certificate.
after some counselling by friends and well wishers both agreed to reunite.
they again married under special marriage act got a new marriage certificate, followed by nikaah.
now in 2012 after lot of rethinking both have decided to go for divorce / dissolution of marriage/nikaah.
now will saying talaq thrice will amount to divorce or what procedure they need to go thru to get divorce.
S.B.adil rahman
28 September 2012 at 20:59
A married girl after one year of her marriage was subjected to torture and physical violence by her in laws and husband.During the matrimonial life she also visited with her husband her sister-in-law's place in USA where she was forced to work as a maid for 6 months at the instance of her husband.Due to the physical torture and mental harassement when she protested,she was ousted from her matrimonial house in Orrisa to Kolkata where her parents live She has filed a case under section 498A IPC in Kolkata against the in laws.Please suggest in the D.V Act case where will be the venue of complaint and trial? What benefit she can get if she files a complaint against her sister-in-law of USA at USA Consulate in Kolkata where she had been ill treated and was forced to work as a maid servant?
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Divorce
I am a christian.Got married in Jan this year.I am looking for a mutual Divorce.Could you please tell me the details for a mutual consent Divorce.When can i file for divorce,in which month.How many years of separation needed.Got separated in April this year.