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Kani   11 February 2022

Separation agreement signed but not divorced- wife now claiming family pension of late husband

Dear experts, please help me in closing a case and helping out poor family members.

A Separation agreement signed between A (wife) & B (deceased husband) but divorce was not finalized. A remarried on the basis of the separation agreement and has a child with her second husband. Meanwhile while still living with B, A was named as the nominee in his family pension and now she is claiming all the benefits of the family pension. 

B also has a mother who is living in a poor condition.

Hence, can A be considered a family and be paid the family pension benefits under hindu law? please help as to what steps i can take to ensure that the pension goes to the right family member.

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 2 Replies

Aryan Raj   11 February 2022

Dear Kani,

As it is mentioned in the query that the divorce was not signed yet and only separation was signed therefore wife has a legal right to claim benefits from the pension which is meant for her husband's services. 

But the fact that she has already married another person without completing the procedure for divorce proves that she has committed the offence of bigamy which is punishable under section 494 of IPC.

Therefore you must suggest the mother of B to file a complaint against A for this offense and she can also make special requests to the court for not including her in the list for pension benefits as the mother is in dire need of the money sue to her health conditions.

Regards,

Aryan Raj 

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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 February 2022

What is the source of pension, Central Government, State Government or any other? In the case of Government pension, it is not Hindu law or any other family law that decides the eligibility for pension or family pension from Government. Government has its own rules in the matter. When a married Government servant dies, during the sustenance of marriage, his wife becomes a widow. A widow can claim family pension, but only until the date of her remarriage if she remarries.  A must be getting family pension by suppressing from the pension disbursing authorities, the fact of her remarriage. If you report the matter of her remarriage with evidence to the pension disbursing authorities they will not only stop her pension but also take action to recover the pension already paid. Other actions for fraudulantly claiming pension may also be taken.  Action under section 494 of IPC is not under the purview of the pension disbursing authorities. In any case as her first husband is already dead, the case will be weak.

Mother of B can apply for the pension. It can be granted based on merits of the case.


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