LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shobhit Banerjee   04 June 2020

Terminal Benefits and Compassionate Appointment

Question is who is entitled to receive Terminal Benefits and Compassionate Appointment in case where the Deceased has taken two wives.

 

Facts  In Short

 

1. "H" (Hindu by Religion) was working with LIC as a class IV staff and had unfortunately died while in service.

2. "W1" is the first wife of "H" and she was living separately from "H" for the past 22 years i.e from 1998

3. "W1" also claimed maintenance from "H" u/s 125 Cr.P.C  twice, first in year 2000 and second in year 2011 which were rejected.

4. As "W1" was not living with "H," he took "W2" as his second wife in the year 2000. There is no proof that "H" divorced "W1" before marrying       "W2,"  Only evidence of marriage "W2" has is a letter written by a local pundit stating the fact that he performed the marriage in the year 2000.

5. "H" after taking "W2" as his second alleged wife, changed his NOMINAIONS in all the benefits like PF, Insurance etc from "W1" to "W2"

6. Now after his death son of "W1" is claiming compassionate appointment with the LIC and "W1"   is claiming all the Terminal Benefits at the same time "W2" herself in claiming Compassionate Appointment and other Terminal Benefits.

 

Query

 

1. Who is eligible for Terminal Benefits (Nominations are in favor of "W2")

2. Who is eligible for Compassionate Appointment (There is no proof of divorce and only a letter as mentioned in point no.4 as proof of second marriage)


Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     04 June 2020

Without divorce, how "W1" filed the case for maintenance, and why rejected by the Court?  In the Service Records of "H", whose names were recorded? 

1 Like

Shobhit Banerjee   04 June 2020

W1 the first wife filed maintenance u/s 125 and her claim was rejected on the ground that she was herself earning and had sufficient means of income.

Regarding service records W1 was registered originally then in the year 2000 W1's name was replaced with that of W2.

Shobhit Banerjee   05 June 2020

Dear Mr. Om Prakash, firstly having a particular negative view of a particular cast is the very definition of racism, by your comments I am sure you are one.

Secondly have you ever read section 125 Cr P C, does it mandate that before Claiming maintanence one has to be divorced first?

I am assuming you are not a lawyer by your demonstration of your knowledge(Lack of) of law and my question was directed to Learned Lawyers only, please feel free to ignore my (Or any one else's for that matter) future queries.

Shobhit Banerjee   05 June 2020

Swine your comments doesn't deserve a reply, but still know this people like you are burden to the society they will say anything if given the chance to escape if you dare post your phone no. I assure you You will get a decent reply, it dosi matter in which corner of India you hide, Post your phone No. I dare you.

Sudhir Kumar, Advocate (Advocate)     15 June 2020

Originally posted by : Shobhit Banerjee
Question is who is entitled to receive Terminal Benefits and Compassionate Appointment in case where the Deceased has taken two wives. Facts  In Short 1. "H" (Hindu by Religion) was working with LIC as a class IV staff and had unfortunately died while in service.2. "W1" is the first wife of "H" and she was living separately from "H" for the past 22 years i.e from 19983. "W1" also claimed maintenance from "H" u/s 125 Cr.P.C  twice, first in year 2000 and second in year 2011 which were rejected.4. As "W1" was not living with "H," he took "W2" as his second wife in the year 2000. There is no proof that "H" divorced "W1" before marrying       "W2,"  Only evidence of marriage "W2" has is a letter written by a local pundit stating the fact that he performed the marriage in the year 2000.5. "H" after taking "W2" as his second alleged wife, changed his NOMINAIONS in all the benefits like PF, Insurance etc from "W1" to "W2"6. Now after his death son of "W1" is claiming compassionate appointment with the LIC and "W1"   is claiming all the Terminal Benefits at the same time "W2" herself in claiming Compassionate Appointment and other Terminal Benefits. Query 1. Who is eligible for Terminal Benefits (Nominations are in favor of "W2")2. Who is eligible for Compassionate Appointment (There is no proof of divorce and only a letter as mentioned in point no.4 as proof of second marriage)

Anyway the given facts indicate tht the second wife does not exist in the eye of law and if govt servant was alive he wa liable to disciplinary action for having violated basic condition of joining as he entered inbigamous marriage without a valid divorce.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register