Dv & pension
CHANNI MALIK
(Querist) 28 July 2012
This query is : Resolved
My wife had filed a DV case. A compromise was arrived at in court, wherein I am to pay Rs 15,000/- pm and she will continue to stay with both adult children in the house jointly owned by me & her, throughout for life UNDISTURBED. Consequently I have moved out and staying with my mom. Now she is threatening to "kill" so as to get (enhanced) family pension.
1. Is there any way I can ensure that she does not get the family pension since she will get Rs 15,000/- lifelong?
2. Can the pension disbursement agency be instructed to disburse only Rs 15,000/- and the balance pension amount be held back in the Government treasury?
Thanks
ashutosh mishra
(Expert) 28 July 2012
"Now she is threatening to "kill" so as to get (enhanced) family pension."
explain what you mean by family pension?
who is getting threatened? you?
CHANNI MALIK
(Querist) 28 July 2012
Any central government employee in receipt of pension if "dies" within 7 years of starting of pension, then the spouse gets enhanced family pension i.e. full pension received by the pensioner as "enhanced family pension". However, after this period the family pension is only 60% of the pension received by the pensioner.
Now it is but obvious that the spouse(wife) stands to advantage as I have started getting pension only 18 months ago.
So it is Me, being threatened, but verbally.
ashutosh mishra
(Expert) 28 July 2012
You can lodge FIR for the threat you are getting.
Since a divorced has taken place ,may be mutually by a compromise decree she or you are NO MORE SPOUSE FOR EACH OTHER AND ON YOUR
DEATH SHE CAN NOT LEGALLY BE TREATED AS YOUR WIDOW.
All you need is to supply correct facts on your government service record book by placing a certified copy of the DIVORCE DECREE.
CHANNI MALIK
(Querist) 28 July 2012
It seems the point has not been understood in the correct perspective !
There has been no divorce.
The compromise was to the DV case.
The endeavor is to preclude payment of pension on the account of this as also she having signed in the same that she will be paid Rs 15,000 for life and she is staying in our house for life. It is virtually I who has moved out.
Guest
(Expert) 28 July 2012
Dear Channi,
Till no divorce is granted your wife would be entitled to all the benefit of being your wife during your life time and as a widow thereafter.
The pension rules of the Government cannot get affected by personal instructions of the pensioner. So, even if you give in writing, the pension disbursing agency does not have the power to decrease even a single penny out of the family pension entitlement of a widow. Not to say of pension disbursing agency , even the pension sanctioning authority does not enjoy any power to reduce entitled family pension, as per the family pension rules.
So, better lodge a complaint with the police about threat from your wife with what intention she tries to threaten you, so that the police may take a note of her ill intentions after due investigation.
ashutosh mishra
(Expert) 28 July 2012
Oh! I am so sorry.I failed to read properly and thought you are divorced while you meant
compromise in domestic violence case.
While my advice to lodge FIR is correct but rest you should follow as advised by sir Dhingra.
