V.G.Rao Advocate (Advocate) 16 July 2011

Service benefits of the decesed wife

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.

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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4 Replies

(Guest)

Dear Mr. Rao,

You may have to clarify the following points before your query is replied:

1) Whether husband or wife filed any divorce case or not at any time? If yes, what is the coutcome of that suit?

2) What are the specific retirement benefits, which the daughter could get 50% out of that and husband could not get?

3) Whether the wife made any nomination in favour of her husband and daughter and for what parts of shares for the purpose of:

(a) Pension;

(b) Family Pension;

(d) GPF;

(e) Employees Insurance Scheme; and

(f) Life Time Arrear, etc.

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

Hi, Mr P.S. Dhingra, thank you for your valuable response, 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. Now my question is.

Kanaksinh P.Boda (Educationist/Lawyer) 21 July 2011

Approach the Pay & Account Office (Govt.Trasury) being the disbursing Authority, and give your submission in writing rtainig the copy and raise this issue through Pensioners Association at Pension Adalat, preidically it calls meetings to settlle these kinds of issues.

(Guest)

Dear Mr. Rao,

I don't know whether you still would need my opinion to your point, as only on review of past replies to past questions, I could find that your clarification was received, but probably there being no arrangement from the LCI to refer back the question to the experts replying some questions for any more contribution.

Anyway, sorry for delay due to communication gap.

However, your points are clarified as follows:

1) Since there was no divorce case against the husband, the concerned department cannot deny the right of the husband for family pension. The first right to family pension goes to the spouse and thereafter the next of eligible minor kin and so on. Even now since the wife's maintenance case was dismissed on her death, daughter cannot also take plea of any maintenance case to get the pension withheld. If you want to file a court case in that respect you can stress on the point of DEEMED DIVORCE between the husband and wife due to their being separated for more than 7 years and can also create history in creating a case law. I would definitely wish a great success for you in that respect. If you can establish such an example, it would definitely enhance your honour and prestige to a great extent amongst the employees as a service lawyer. BUT BE AWARE, even if the daughter wins the case she would be eligible for family pension only till the age of 25 years or the date of marriage, whichever is earlier. So, decision depends upon your client and you.

2) About other claims also, since the husband was the nominee, there being no change, the department will be free to disburse the claims on account of gratuity, PF, Emloyees Insurance/Savings and life time arrers of salary to the husband. However, the daughter can get some injuction against the department to withhold payment of those claims and she may have to file claim through court of law to get her 50% share out of those dues, under property law, as a legal hier of the mother.

3) Since there are very clear provisions in the Pension and PF Rules for the department to observe for the payment of such claims only to the nominees of the deceased, no case law can work, except that the department can be restrained only with some specific orders from the court of law on the grounds of non-maintenance of conjugal rights and responsibilities for such a long time.

Wish you all success.

PS Dhingra