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Query regarding pension split

Querist : Anonymous (Querist) 04 December 2022 This query is : Resolved 
My father is a Assam State Govt employee and has given my mother a lum sum share of his monthly salary to my mother but now as his retirement is approaching, My father said that he won't give a single penny of his retirement money to my mother nor his pension?

Can my mother do something for which she can be eligible to get a share of my father's retirement money and pension ?

Please do reply
Sudhir Kumar, Advocate (Expert) 05 December 2022
whether divorce has taken place. If yes she can do nothing.

If there was no divorce she is eligible for family pension and post retirement medical cover which your father cannot deny.
kavksatyanarayana (Expert) 05 December 2022
Yes. I agree with the advice of Mr. Sudhir Kumar sir.
Querist : Anonymous (Querist) 05 December 2022
@SudhirKumar sir my mother and father are not divorced but they leave separately, he is in assam and my mom in west bengal, he comes to visit my mother once in a year.........

So is my mother eligible to get the share of my father's retirement money for her future security or my mother is only eligible for family pension ?
Sudhir Kumar, Advocate (Expert) 05 December 2022
Sure she is eligible for family pension.

If your father denies post retirement medical cover then this amounts to non-maintenance.

Only female employee has right to exclude divorced husband from pension papers but such right is not there for male.
Querist : Anonymous (Querist) 05 December 2022
@SudhirKumar sir what would be the best suggestion that you can give me in this case.

My father has more 1 and half year left for retirement, so should I suggest my mother to file a divorce by which she can claim for her maintenance or family pension

Or

Should I suggest my mother to carry on in this way without filing a divorce .

Please suggest.
Dr J C Vashista (Expert) 07 December 2022
Is there any dispute between your mother and father for sharing his retirement benefit ?
Living separate by the couple is no ground for seeking legal advise of experts.
Querist : Anonymous (Querist) 07 December 2022
@DrJC yes sir there is a dispute between my mother and father. Actually my father wants his name in the property of my Mother which she received during her marriage as 'stridhan'.

So according to my father until and unless he gets his name on the property, he won't share a single penny of his retirement sum with my mother.

So what to do in such case? So is is mother helpless?
kavksatyanarayana (Expert) 07 December 2022
If your mother files a divorce case and it is won, then your mother cannot get a penny from your father's pension.
Dr J C Vashista (Expert) 08 December 2022
The perception of your father qua his name in the "stridhan" acquired by your mother (during or after marriage) is absolutely unfounded, illegal and immoral.

The subsequent facts posted are contradictory in itself qua right of your mother where you have mentioned "...is mother helpless" or

On the other hand your father is morally, socially and legally liable to maintain his wife (your mother) as per his financial and social status which he has to provide willingly or unwillingly despite the fact he has "no" share in the "stridhan" of your mother.
Dr J C Vashista (Expert) 08 December 2022
In subsequent post you have stated, inter alia, that, "according to my father until and unless he gets his name on the property, he won't share a single penny of his retirement sum with my mother." is a misconception, false and untenable in the eyes of law.

Sudhir Kumar, Advocate (Expert) 13 December 2022
It is not clear for what you are seeking advise

for depiving your mother

or

for enabling your mother.
Querist : Anonymous (Querist) 13 December 2022
@Sudhir Sir & @Vashista sir, I want the best interest for my mother.

But still one thing remains a query for me and that is, what to do for my mother in which she can get equal share of her own in my father's retirement money and pension (which my father won't give otherwise) ?
Dr J C Vashista (Expert) 14 December 2022
She is entitled for maintenance from the assets and income of your father i.e., as per his financial and social status.
However, she has no right accordingly she cannot get a any share (not to speak of equal share) in pension or other retirement benefits of your father during his life time.
P. Venu (Expert) 16 December 2022
Yes, your mother can seek maintenance if she is living separate from your father and is being neglected as to basic living, irrespective of whether he is employed, retired or otherwise. However, she cannot claim nor can the salary or the pension disbursing authority apportion part of his income in favour of your mother, unless there is a court order to that effect.

Furthermore, you have not posted the complete facts but have chosen to post selected facts in piecemeal which has rendered any meaningful suggestion impossible.
Sudhir Kumar, Advocate (Expert) 17 December 2022
She has no claim on whatever your father is getting in hand at the time of retirment.

She is entitled for maintenance. Maintenance includes extension of post-retirement medical cover to wife.

After his death she is entitled to family pension, if no divorce happens before death.


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