family pension share

ravindra jinde (Querist) 09 September 2016 This query is : Resolved
If a pensioner husband is not looking after his wife who is solely dependent on him for maintenance of her life. Though both live under one roof, have no relationship, the wife is unable to live her life in her old age. Is there any provisions for her share from her husband's pension? After all it's a family pension given to him for family maintenance, and wife is an integral part of family. Pl guide.

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Guest (Expert) 10 September 2016
Mr. Ravindra Jinde,

If your query is not an academic query, description of your question, "after all it's a family pension given to him for family maintenance" is not understood. Is husband receiving pension for his own service after retirement or a pension in lieu of some deceased employee?

In what way, you have treated husband's pension as family pension?

Also, how you are concerned with the problem of the so called wife?

Kumar Doab (Expert) 10 September 2016
Author may respond to the points raised by Expert Mr. Dhingra.

Raj Kumar Makkad (Expert) 10 September 2016
In your case, wife is entitled for the grant of maintenance from her husband under section 125 of criminal procedure code and if such maintenance amount is fixed by court then enforcement to recover such amount by attaching part of service pension of husband can definitely be made.

Raj Kumar Makkad (Expert) 10 September 2016
The pension is Service pension which is personal and it cannot be claimed as family pension but the right to maintenance of his wife by way of share in such pension cannot be denied for the enforcement of the order.

Rajendra K Goyal (Expert) 21 September 2016
Well advised, agree with the expert raj kumar makkad.

Guest (Expert) 21 September 2016
Continuous silence of the author for the last 11 days is a clear indication of the query being academic one, not a real problem.