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baburajasekaran (HR Manager)     19 September 2014

Marriage proof

My Father was a government teacher and his first wife had expired on 31.12.1984.  Three children were born for the first wedlock. He had got married with second wife on 04.02.2001 as a temple marriage but  the second marriage was not  registered as per Hindu Marriage Act.  No children were born with second wedlock. Meantime, he has got retired on 31.05.2001 and he mentioned the second wife as wife in his pension proposal form and PPO issued by the AG, Tamilnadu accordingly. He had got pension smoothly, untill his death on 24.03.2010, after that second wife had got family pension up to 28.02.2011. After that AG, Tamilnadu had demanded the second wife to give a marriage proof. Absence of marriage registration certificate, Marriage invitation and ration card, legal heir certificate are forwarded to AG, Tamilnadu. But they are not accepting these documents and demanded marriage verification certificate from revenue department, Tamilnadu. So Marriage verification certificate has got from Village administrative officer and forwarded to AG,TAmilnadu. Even then they are not accepting this and demanded certificate from Tashildar, Tamilnadu.   Tashildar, Tamilnadu has refused to issue that certificate as he has no  provision to issue this certificate. We have forwarded the Tahisldar reply to AG, Tamilnadu.  But AG Tamilnadu withholding family pension to second wife who is legally nominated by her husband. 

1. What are documents to be considered  as a marriage proof  where there is marriage is not registered?

2.  Give a solution how to approach AG, Tamilnadu to release the withheld pension?



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 4 Replies

Saurabh..V (Law Consultant)     19 September 2014

I really cannot comment on how to restart pension but I can surely say that Pension Deptt needs bribe before you can claim your money. That's the truth of Great Indian Govt! Be practical and ask the A office, through RTI about the documents which would suffice as proof for the marriage. And try once with those documents. All the best

Tajobsindia (Senior Partner )     20 September 2014

@ Author,


1. 
Hire a local advocate found via reference.

2. File Writ of Mandamus under Art. 227 in State’s HC to issue a Writ to AG to release with interest family pension based on supporting mentioned in your brief to second legal wife who has all relevant documents except marriage registration. 

3. This is a case where pension and other benefits were already being received by second wife for almost a year and suddenly AG is acting strangely when all documents are in order.

4. I would not suggest bribe as that breads corruption and disallows smooth functioning of Official machinery which should be discouraged and instead a Court of Law should be approached for remedy.


[Last reply]

baburajasekaran (HR Manager)     22 September 2014

Dear Saurabh.V,

 

Thank you for the concern .

baburajasekaran (HR Manager)     24 September 2014

@ Tajobsindia

 

Thank you for the reply.  I hesitated to move the court because of time consuming factor. Simply AG official is not working, simply holding the file in the shelf. like us there are lot of cases sleeping. How to make them work?


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