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V.G.Rao Advocate (Advocate)     18 July 2011

Family pension

Hi all,

A and B were husband and wife, and having a female issue out of thier wed lock and the daughter is 18 years old, "B" wife was a central govt employee, due to diffrences arose between A and B, Husband "A'' Left the matrimonial company of the Wife"B" and was living separately from past seven years. The daughter is living with her Mother i.e with "B".During the said period wife "B" Filed cases against her husband "A" for Maintainance and U/sec 498-A  for dowry harassment, however the husband "A" filed his counter in maintainance case refusing to give mainatainance to his Wife"B". In the Mainatainance case interim maintainance to the wife "B" was rejected on the grounds that she was an employee and also for having share in ancestral property out which she is deriving rents. while matter stood thus the wife"B" expired during the pendency of the above referred cases.and after death of "B" the Husband "A" was not performed ritual rites of His wife"B".  however the main suit filed for Maintenance was dismissed since the wife "B"died.

Since the Deceased wife "B" was an employee of central govt, in her service records she had mentioned her daughters particulars and her husband's particulars when their relationship was cordial, but she had not deleated her husband's name in service record after he left her company.

Now the office of the concern department where "B" was employee, were refusing to give entire her service benefits to her daughter and intending to give 50%  each to her daughter and her husband. However the daugher of the deceased "B" received her 50% share, but she had lodged a complaint in the concern department of her mother not to release remaining 50% service benefits to her father"A", and she also ahd given references of cases filed by her mother"B" against her husband"A". on the said complaint the concern department not released the amount to husband"A" and matter is still pending consideration in the department. in this case wife "B" at any point not filed any divorce case during her life time, except the cases referred in previous quiery. with regard to nomination of her husbands name in service record, when thier relation ship was cordial she had nominated her husband name in her service record, but after disputes she might have forgot to deleate his name as nominee in her service records, and as far as  (a) Family Pension;  (c) Death Gratuity;    (d) GPF;    (e) Employees Insurance Scheme; and    (f) Life Time Arrear, etc are concern the daughter recveived her share except in family pesion.

IS there any case laws that "A" shall not be allowed to receive the 50% share of his wife "B" service benefits since he had harrassed her for additional dowry during thier matrmonial company, and as himself left her matrimonial comapny from past seven years? if yes please provide the case law, if no what steps can her daughter can take to prevent the concern department from releasing 50% of service benefits to her father along with other benefits.


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