RABINARAYAN (self) 07 April 2012

Death claim

Dear all, My close friend marital matter as follows pl give opinion. My friend served in defense sector, He was married 2004 in Hindu custom. After 6 month family disturbance occurs and matter going to court. The devious matter in pending science 6 years. The women living her Boy friend illegally science 6 years and now they have illegal relationship 2 years son. But they are not married in Hindu custom or court because her case was pending with court. Now my fried was expired on duty. Left his only window mother aged at above 60 years. Now his wife claim to department 50% death benefit as his wife. As per Defense record his Mother was 100% NOK/NOMINEE. My friend was not changing his nomination due to disturbance after a short period of marriage. As per my knowledge his wife entitle for 50% of death benefits but condition to not remarry. In the case the old age mother not trace the evidence of her relationship. Can any other way to prove her marred women? Can any law to force to ladies take a scientific test like lies test she has no child/ any medical test to prove she not pregnant/delivery after 2004 from his separation. Please advice

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 07 April 2012

No Tests can be ordered in this case, there is no provision for the same. The marriage subsisted at the time of the husband's death. Hence she is still the wife. However if the husband had died during an appeal - the widow/mother could have been substituted as an LR and could have fought the case on behalf of his son. However I don't think that has happenned. But if the wife does suceed in getting the amount. There is a Bom HC ruling which says when a DIL gets compassionate appointment on her husband's death - she is under a liability to pay maintenance to MIL. You can use that even her out.

Consullt a specialist family law consultant

Adv. Chandrasekhar (Advocate) 07 April 2012

Very interesting. In my opinion, the death benefit would be devided into 3 parts, one for dependent mother, one for widow and one for the child. Just nomination in favour of mother is not enough to debar the wife and son. Had he left any will completely debarring wife and son, then, the mother would have got entire death benefit. Find out, whether he had left any will.

Otherwise, the route to debar wife and illegitimate son is very long and arduous one and also unpredictable one. T You have not told which case is pending in the court. Even it is divorce, the mother can put herself as LR of her son and contest the case for divorce, so that to debar the wife and child from death benefit entitlement. In that case, she can move for DNA test of the child to prove that he is illegitimate child sirened by someone else. If it is proved, the child will be debarred and the court may look the unchastity of the widow and may debar. If the wife refuses to send the child for DNA test, then court will draw adverse inference. It is, again I say, unpredicable assumption on my part and if the widow has got physical and mental strength to contest the long legal battle, it can be tried.

adv. rajeev ( rajoo ) (practicing advocate) 07 April 2012

Now it is not possible to prove that child born out of illegal relationship because her husband is no more, but mother can file a suit for declaration against her deceased son's wife claiming she is only entittle to claim the benefits of her deceased son. In this she can file an application for medical test of the child and her daughter in laws's boyfrnd.