What is procedure for pension as part of maintenance
PRAVIN
(Querist) 19 February 2014
This query is : Resolved
Dear Experts
I am asking for my aunty ,she is living seperate from her husband
CrPc 127 is going against Husband during this.Husband got VRS (voluntiar Retirement ) & getting half pension up to 6 month as per pension rule because pension application require combine photo of husband & wife. but her husband requesting her for combine photo with her for full pension. My querries is following
1) what care should her take for dealing in this .
2) how much percentage of pension she ask for him. (how much she will get leagally)
3) where she go for proper & legal procedure for getting pension continuous from his department.
Devajyoti Barman
(Expert) 19 February 2014
What is the order of maintenance?
The order will remain in force if the pension is 4-5 times than the maintenance ordered against.
His wife can cooperate. It has nothing to do with her right of maintenance and its enforcement by legal means.
Rajendra K Goyal
(Expert) 19 February 2014
In Pension wife has no direct say to paying department till husband is alive. Family pension is payable after the death of husband. If she does not co operate, and give her photo, her claim for family pension would be delayed.
Court can order husband to pay maintenance to wife and while deciding maintenance, income of husband along with pension would be considered.
P. Venu
(Expert) 19 February 2014
The facts are misconceived. Provisional pension is being paid as the pension papers are incomplete. The amount of Provisional pension being paid would be the same as the Pension.
Your aunty not gain anything by not cooperating for the joint photograph. She is entitled only for maintenance from the husband and not pension from the husband's Department.
Dr J C Vashista
(Expert) 19 February 2014
I agree with Shri P. Venu, wife donot have any right in the pension from department during pensioners lifetime. However, her husband may pay maintenance.
PRAVIN
(Querist) 19 February 2014
Thank you so much all experts
Thanks a lot every one.
Regards
pravin
T. Kalaiselvan, Advocate
(Expert) 19 February 2014
Properly opined by expert Mr. Venu on the subject, nothing more to add.
