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(Guest)

Question about Maintenance-Property-Pension Benefits

Dear Friends and Respected Seniors,

[A]-Husband ----------[B]-First Wife--------------[C]-Second Wife


1)
A got Ex-Parte Decree of Divorce in the year 2007 as B did not follow up the case, as B got frustrated roaming around courts for many number of years and ignored the case with intention to live peacefully thereafter without A.


2)
A married an C keeping the ex-partee decree of divorce as evidence and she has a daughter who is adopted by C before her marriage with A. (and that daugther was married and that marriage was performed by A with all financial assistance by him) B got 2 sons by A and are minors at the time of above-said divorce decree. (Now 2 sons are majors as of date)

Maintenance was not given to B or B's Children (they are minors when the case started)

Question 1:


a) Whether the maintenance (which was sanctioned by court was not given) can be asked legally through court.


b) Whether the First Wife has any right to ask for pension benefits of A.


c) Whether the 2 sons, do they get share in whatever the property A possess.  One of those in 2 sons, the elder son got married and has 2 daughters; so these daughters, do they get share in A's (grandfather).


d) One of the B's younger son by A was suffering from Cerebral Palsy (physically challenged). Can he exclusively ask for any compensation from A.


Question 2:


a) Can the divorce decree(which is given in 2007 by the Family Court) be challenged in the High Court or the higher court now.


b) A sold one land property to his brothers, can that be challenged in the court of law as 2 sons as reversioners. 3) A is a government servant who retired, do B or her 2 sons has a right in pension and other benefits of A.


Respected Seniors and Dear Friends, Your Suggestions/Alternatives/Guidance is Greatly Appreciated.


Thanks in advance.

Sharath



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     22 August 2014

Question 1:


a) Whether the maintenance (which was sanctioned by court was not given) can be asked legally through court.

If there was an award of maintenance passed by court, the same can be enforced even now by filing an EP in case of civil case and by filing a cmp in case o fcriminal case, but it should be within 12 years.


b) Whether the First Wife has any right to ask for pension benefits of A.

Since the first wife is divorced legally, she is not eligible for pensionary benefits.


c) Whether the 2 sons, do they get share in whatever the property A possess.  One of those in 2 sons, the elder son got married and has 2 daughters; so these daughters, do they get share in A's (grandfather).

If the properties of A was his self acquired property,nobody can claim a share in it as a right.


d) One of the B's younger son by A was suffering from Cerebral Palsy (physically challenged). Can he exclusively ask for any compensation from A.

If he is less than 25 years of age, he can very well do (provided unemployed)

T. Kalaiselvan, Advocate (Advocate)     22 August 2014

Question 2: a) Can the divorce decree(which is given in 2007 by the Family Court) be challenged in the High Court or the higher court now.

It can be challenged in the family court  itself along with a petition to condone delay.

 

 

b) A sold one land property to his brothers, can that be challenged in the court of law as 2 sons as reversioners.

No it cannot be challenged if it was his self acquired property.

 

3) A is a government servant who retired, do B or her 2 sons has a right in pension and other benefits of A.

No not after divorce decree has been passed.


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