sandy (bhsxhc) 01 February 2023
can a divorsed wife be awarded maintenance ie alimony from a retired ex-husband's pension ? in 2015 the family court ordered an alimony amount of 500.she got to knew about his retirement this year i.e, 2023 but he got retired in 2018 and all his retirement money is spent . she also withdraws widow pension on the name of him .. what about the pension after his expiry ? will it be shared between the ex-wife and the present legal wife ?
Dr J C Vashista (Advocate) 01 February 2023
@ Sandy,
The question posted by you is without relevant facts of the case, such as when, who and under what terms and conditions (especially qua maintenance of divorced wife) have been awarded at the time of grant of decree of divorce.
What is the opinion and advise of the lawyer engaged / paid by you in the subject divorce case proceedings, if it is a real story ??
sandy (bhsxhc) 01 February 2023
It's exparte ... without any conditions.. she never attended courts during divorce.. after 14 years of divorce i.e, in .2015 she filed for maintenance.. the court awarded 500 alimony ..and now (2021)again she filed after his retirement for increase of maintenance with out knowledge of his retirement in 2018
Shashi Dhara 01 February 2023
Yes she is entitled for alimony , retirement dosent bar but pension is not attachable in law.
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