Civil suit

Neeraj Kaushal (Querist) 23 December 2011 This query is : Resolved
i have a problem , one army man commit suicide , his father lodged FIR against his wife u/s 306 IPC, now my problem is that , deceased has LIC bond and his wife is nominee but i want that the amount of LIC and funds of Army where deceased was serving handover to his mother not wife , I have gone to LIC office they said that we will handover the amount to nominee , what can i do , if i will file suit for permanent injunction for restraining the LIC official to not handover the amount of deceased to nominee , whether my suit is maintainable and what can i do for army funds, how can i stop the payment of army funds. whether civil court has jurisdiction to entertain this kind of suit where army is involved.

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Raj Kumar Makkad (Expert) 23 December 2011
You have not told your connection with the aforesaid case. How you are concerned with the deceased and why do you require the funds or service benefit may not be given to the widow?

Anyway, LIC is bound to provide all benefits to the nominee of deceased as per its regulations until specifically barred by any court of law. Similarly Death-cum-Retirement benefits shall go on favour of Next of Kin (NOK) as recorded in Part-II of Army Orders of the deceased. Mother is also entitled to share as per rules but none can stop the widow of deceased to take benefits even though she is facing trial under section 306 of IPC abetting the suicide of deceased armed personnel. Accusation is not sufficient to establish the guilt.

V R SHROFF (Expert) 23 December 2011
His mother can claim from the Nominee, her share.
You can file a suit in civil court, not to allow her to withdraw the amount, once paid by LIC, in her bank A/c. court .
Similarly, His mother can apply for Injunction, not to allow wife to withdraw and spend, and keep i FDR for children.
Accuisation can be false also, and it will not prevent LIC to pay her.

prabhakar singh (Expert) 24 December 2011
Agree with experts.

M V Gupta (Expert) 24 December 2011
I agree with the views of Mr. Makkad. Unless you have any locus standi in the matter you cannot file the suit. Any of the family members of the deceased such as the father or the mother can file the suit to obtain injunction agaisnt the LIC from disbursng the money to the wife who is facing the charges under Sec. 306 IPC.

Dayananda Gowda (Expert) 25 December 2011
Nominee is only limited interest over the amount. Nominee is a person suggested to receive the amount from the department. Deceased mother has a right to claim her share in the said amount by filing a suit in court.

livingston_k (Expert) 26 December 2011
Mother is having the right over the LIC amount supreme court citation is there. only nominee can receive the money not enjoyment. it has to divide by the legal heirs.

Guest (Expert) 26 December 2011
Dear Neeraj,

Nomination law is very clear. You are not likely to get permanent injunction for restraining the LIC against disbursement of the due insurance amount to the nominee.

Of course, you can file suit against the nominee to get court orders to distribute the justified shares to legal heirs after the amount is received by her.