Civil Procedure Code (CPC)

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Family pension

(Querist) 27 July 2021 This query is : Resolved 
Namaste Experts

A is a armed civil services employee and he is the husband of B(60years old daily wage earner). blessed with a son J after two years of their marriage. After the birth of J, A married his congubine P (during the existence of marital relation with B) and blessed with D,S,B and mentioned P in his service records as wife along with the names of J(son of first wife),D.S.K. Later B approached caste elders, then they wrote un registered deed of separation between A and B. B filed Maintenance Case and used to get monthly maintenance through court from the attached salary of A. Again B filed a suit praying to declare her as wife and to direct the armed civil services authority to place her name in records. Said suit was dismissed for default in 2017 (notices not served to respondents). Said A's second wife died 7years ago and A also died in June 2021. Now all the children united and ready to help B to get family pension without any objection.
Recently they obtained Family member Certificate of A mentioning the names of B as well as J,D,S,K from the Tahsildhar concerned

At this stage What steps B has to take
Whether she can restore the suit for declaration and add other Legal heirs
or
Whether it is better file a suit afresh along with all children against the authorities claiming family pension of A or she has to institute a suit for declaration and pray for inclusion of her name in service records as wife and continue family pension showing the children J,D.S,K and the authorities concerned

Plz guide in the issue to serve a poor lady
Dr J C Vashista (Expert) 28 July 2021
Facts have been made confusing and complicated.
Re-draft in simple language without assumptions and presumptions in brief and specific.
Nagaraju Patro (Querist) 28 July 2021
Kurmayya (armed civil sevices employee) got married narasamma and had a son Joga. After some time he married another women krishnaveni and through her he had three children. kurmayya mentioned krishnaveni name as his wife in service records and all the children, but he did not mentioned the name of Narasamma. Narasamma approached court and used to receive maintenance. Both kurmayya and Krishnaveni died. All the children are at free will. They want to place narasamma name in service records without any objection. Armed forces requires court direction to that extent. Narasamma filed a suit for declaration and direction and the same was dismissed for default in 2017. Now how she or / and the children can proceed further to get family pension in the name of Narasamma
kavksatyanarayana (Expert) 28 July 2021
As per stated facts, Narasamma died. But Narasamma filed suit for declaration, but how? Who died either Narasamma or Krishanaveni? Why not clearly posted, though the above learned expert Mr. Vasistha Sir questioned?
P. Venu (Expert) 11 August 2021
What do you mean by armed civil service employee?

To my understanding, civil courts have no jurisdiction. The widow needs to approach the Central Administrative Tribunal or the Armed Forces Tribunal.

Before approaching the Tribunal, she needs to make a representation to the authorities.
T. Kalaiselvan, Advocate (Expert) 25 August 2021
She has to file a fresh sit for declaration to declare her as his legally wedded wife and for a direction to the employer to include her name n the service records of the deceased employee and allot her the family pension.
The order of maintenance passed by a court earlier can be produced as documentary evidence to establish the fact and to declare her as his wife besides other documentary evidences.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now







Post a Suggestion for LCI Team
Post a Legal Query