Right of first wife
kehar singh
(Querist) 18 April 2016
This query is : Resolved
Sir
my son in law (Hindu) got married with second wife and staying separately at different place.
My daughter is living with his two major sons in the home whose right title is with my daughter. She has no source of income.
She do not want divorce.
Now my son in law has retired from service and is about to receive lakhs of rupees by way of retirement benefits.
So whether my daughter has right to claim over the retirement benefits or she is entitled to claim for monthly maintenance allowance of Rs. 5000 to 6000 only.
So please advice what should she do to stake claim on retirement benefits without going for divorce.
If wife cannot claim over the retirement benefits then does it mean that wife has no right over the terminal benefits ?
If this is so then any male can opt for second marriage throwing his first wife to survive at on maintenance allowance only ?
kindly explore the possibilities to receive some amount out of the retirement benefits as well ?
Advocate Kappil Cchandna
(Expert) 18 April 2016
Sir,
Even after divorce she can claim under section 125 Cr.P.C, but if the divorce was a mutual consent one and your daughter has entered into an agreement stating that she will not file any case in future, then she is not entitled to file a new case.
Warm Regards
Kapil Chandna Advocate
9899011450
Sudhir Kumar, Advocate
(Expert) 18 April 2016
He will himself receive the benefits.
Please make sure that none else is nominated for family pension.
Kumar Doab
(Expert) 18 April 2016
Agreed with experts.
Devajyoti Barman
(Expert) 18 April 2016
The wife has no right of share in the terminal benefit of her husband though on his death she will entitled to family pension and inheritance of his super annuation benefits.
She is also entitled to maintenance as per pensionary income of her husband.
P. Venu
(Expert) 19 April 2016
Apparently, you has reconciled herself to the bigamy of the husband, may be years or decades back.
She has no legally enforceable claim over the retirement benefits.
But she is still 'the wife' and is entitled to have her place in the PPO with the joint photograph so that she could be entitled to receive the family pension. Please ascertain this aspect and initiate appropriate action, if so advised.
Rajendra K Goyal
(Expert) 19 April 2016
1. She is not entitled to receive retirement benefits.
2. She can claim maintenance.
3. She has no claim on retirement benefits, She can try through amicable settlement.
4. she has no claim on retirement benefits till husband is alive.
5. She could have lodged complaint of bigamy and could have sent him behind bars.
6. Mutual settlement is the way.
Kumar Doab
(Expert) 19 April 2016
Agreed with experts.
You may also act on advise on Expert Mr.Sudhir Kumar,Mr.P.Venu on nomination and PPO.
Dr J C Vashista
(Expert) 20 April 2016
Well advised by experts. Nothing more.
The name of first wife should be recorded in the dossier of the employee to get family pension on his death.
However, why did she not file case(s) for her maintenance and bigamy?
