Advice required
Arvind Singh Chauhan
(Querist) 18 December 2011
This query is : Resolved
Sir,
"A" who was ex service man of Asam Rifles, married to "B". Then after some years he married with "c".
In 1996 "B" filed an application under 125 Cr.P.C. in which court gave the finding that When "B" married to "A", "B"'s husband was alive that's why hes marriage with "A" was illegal and her application was rejected.
"A" had mentioned "B" as his wife in service record, and dead now. Now the family pension is being paid to "B" and she is employed in govt. service also.
"C" who has 4 children requested to Asam rifle to stop paying the family pension to "B" and to remove her name from "A"'s service record and provided copy of judgment of 125 Cr.P.C.
Now "C" has filed civil suit to declare her legal wife of "A" and to order Asam Rifle to pay family pension to her and to include her name as wife of "A" in place of "B".
Bank is paying family pension regularly to "B".
Whether "C" can file an application before court to stop payment from Bank or Asam Rifles, of family pension up to the decision of civil suit. If Yes in which provision.
Plz Sir refer law and supporting rulings if any.
Raj Kumar Makkad
(Expert) 18 December 2011
C should file an application under order 39 Rule 1 & 2 read with section 151 of CPC seeking stay order over the regular disbursement of family pension in favour of B who is not legally wife/widow of A.
C can very well get the injunction as per aforesaid provision and then persue her case with relief of recovery of all illegal payments received by B from Assam Rifles illegally claiming as widow of A.
adv. rajeev ( rajoo )
(Expert) 19 December 2011
I agree with Raj Sir. Whether B's marriage with A is declared as null and void by any civil court?
Devajyoti Barman
(Expert) 19 December 2011
Since C's marriage was a legal one as the marriage between a and ab was no marriage, C is only entitled to get the pensionary benefits.'But before that she needs to declare the previous marriage n=between a and b a non est.
Guest
(Expert) 19 December 2011
Service matters and court case are two separate issues in this case and have to be dealt with separately.
Assam Rifles (employer) or the bank disbursing family pension on behalf of Assam Rifles is not liable to stop family pension till the judgment on the case is delivered or interim stay order is taken by C, as the employee (ex-serviceman), who is dead now, did not declare C, as his married wife to be placed on record of the employer.
M V Gupta
(Expert) 19 December 2011
C should file an IA for interim injunctiomn in the suit she has already filed agaisnt Assam Rifles from paying the family pension to B till disposal of the suit. The prayer for injunction sjhould be against both the Assam Rifles and the Bank which is disbursing the pension.
Arvind Singh Chauhan
(Querist) 19 December 2011
Thanks a lot Sir I have decided to take recourse of Order 39 R 1 and 151 CPC.
Thanks a lot to learned seniors.
Guest
(Expert) 20 December 2011
@ M V Gupta,
Interim injunction if taken against the Assam Rifles, itself, would suffice. The authorities themselves would intruct the bank to stop payment of pension, as the bank has no role other than merely acting as a banker and payment agent on specific instructions of the employer.
