How can i get maintanance from pension
Querist :
Anonymous
(Querist) 07 October 2018
This query is : Resolved
sir
kindly suggest me in the situation of matter, that one of my relative being 60 years old lady is fighting some case of maintenance and divorce.
her husband was railway employee in kota raj. and they both have two daughters from their marriage
due to some difference's between them and ego problem of husband after getting job in railway during their matrimonial life, she was made out from husband house with both daughters.
she is living in agra with their parent from last 1995 and their was some criminal case between them which are running out in court but husband did not appear in these case, ever so, no any progress except some ex party orders d.v Act case and 125 cr.p.c case.
the problem is, husband not mentioned name of his wife and daughters in pension papers and service book, while her wife have made application to the concerned authority many times for disclosing their name in those papers, but they directed that they require court order for same and she did not approach to court for the same. but she was getting maintanance from husband salary,
now her husband have retired from job and getting pension but maintanance have stopped because there is no thing in pension papers. while she need money for her future in this old age and for daughter marriage.
now court is saying they can not make order untill we get information about pension account.
we filed one petition for getting her name mentioned in service book and in pension papers before high court allahabad in CAT. BUT no order is made upto now due to some problem.
so plz kindly suggest the way for getting relief in this matter.
Vijay Raj Mahajan
(Expert) 07 October 2018
To mention the name of spouse in family pension is discreation of the government employee, no court or other authority force him or Order the government of India to make individual pension into family pension.
Yes wife can claim maintenance from the pension of the husband that order can be passed by the court, however the pension is usually less than the salary hence the amount of maintenance will also get reduced for the wife in this case.
Guest
(Expert) 07 October 2018
Nr. Anonymous,
Your own statement, "court is saying they can not make order untill we get information about pension account" itself makes clear that it is not your real problem, but a hypothetical problem, as no court can assure anyone to grant maintenance out of pension of a person.
If there exists any such problem, better come forward with truth of the case, not with any fictitious story. Otherwise, depend on the lawyer of the case.
By the way, when there is nothing peculiar in your query, what compelled you to keep yourself anonymous?
Dr J C Vashista
(Expert) 08 October 2018
Instead of posting such a long story as "anonymous" author, where there is no reason to conceal your identity, you should have posted this question giving your identity as "anonymous" person is not obliged by experts as rules of this platform.
What is your locus standie to this hypothetical academic question paper?
P. Venu 
(Expert) 08 October 2018
In my considered opinion, no amount of pension can be attached. Other means need to be pursued to recover maintenance, if so ordered by the Court.
