Upgrad LLM

right of pension after re marriage


I am asking this on behalf of my friend, He recently got married to a widow, she has a 2 yr old male child, The Widow's Late Husband was in the Indian Army and died in an accident off duty, She and the Child are recieving Pension now, Now she is married to my friend, will she loose the rights of the pension she is recieving now?

Pls Advise

 
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LAW STUDENT

YES IF SHE IS LEGALLY MARRIED WITH THEM .NOW SHE IS DEPEND ON THAT PERSON SO GOVT CAN NOT GAVE PENTION .

SHE LOSS THE ALL THE BENIFITS OF PENTION , PASSES OR ALL THE FACILITY GIVEN BY THE INDIAN ARMY .


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apart from above She can claim pension on behalf  child till attaining majority


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UNEMPLOYED

right to pension treated as personal / individual right.

therefore the pension should be continuing.

if it is discontinued, appeal to the court.

pension rule diffrent than maintenance rule.


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system eng

arup ji is correct. there are recent changes in pension rules in indian army.


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LAW STUDENT

respected arup ji ,

THE CENTRAL GOVT. PENTION RULE IS THAT  IF THE WIDOW OF THE EMPLOYEE IS UNMARRIED  SHE CAN TAKE PENTION FOR HER,OR HER CHILD .BCZZZZZZ ALL OF THAM DEPENDENT OF THE EMPLOYEE .IF SHE IS MARRIED ANOTHER PERSON ANDIS PROVED THAT SHE RE MARRIAGE AGAIN  THEN SHE CAN NOT LIABLE TO GET PENTION BCZ ALL THE LIABILITIES ARE NEW HUSBAND .IN THE OTHER HAND THE NEW PENTION RULE SAYS THAT THE PENTION IS TAKEN BY THE WIDOW DAUGHTER,,DIVORCEE DAUGHTER AND THE ALL DEPENDENT HEIRS OF CLASS-1 .PRESENT IN THERE SERVICE RECORD .


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If she is loosing the pension rights, the Shocking truth is that the Law or The Government is not encouraging widow to marry again, this is a pity

 
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Advocate

The conclusion of Mr. Subhash Gopalan is not correct. Pension is given to the widow of the deceased employee as she is without the bread earner and is eligiblle so long as she coninues within the family of the deceased. When the widow gets remarried she ceases to be the widow of the deceased employee and as such would not be entitled to get the pension from the date of her remarriage. Why should this discourage a widow from getting remarried if she gets better status of being a married woman and better living?

 
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OK I agree with your suggestions. Now please suggest me. I got married to a widow in the month of September 2010 .her husbad who died before two years was working with Indian Railway. Her son got job after the death of his father. My wife has one daughter also of 21 years of age unmarried.. My wife was getting pension from railway department. Now what to do. Should my wife should apply to Indian railway to stop pension or her daughter of empoyed son can get the pension. What are the current pension rules in India.

 
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propra

Pension is not to be compared with monthly  maintenance as in divorce or like crpc 125.

 

 

If a armyman leaves the job and takes private job in 50's, Does that armyman lose pension?...NO...

 

Armyman lost life on duty and hence his half pension is applicable to wife(for rest of life) and kids as well.

 

But It does not deprive widow from remarrying!!!

 

Even after remarriage pension for the woman should continue and also for kid (based on gender) upto 18 or until one starts earning/gets married

 


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