Sally 26 September 2015

Labour law

My Colleage has been lawfully married to a railway employee as per the Hindu Marriage Act, and due to mental torture from her husband and his family she is living with her parents, her husband has filed divorce, but the court has dismissed the divorse on no proper grounds for divorce to be given. The court has ordered the man to give maintenance to his wife, now the husband has been retired from the railway he has recieved settlement and is drawing a pension of Rs.20,000, he has given his status as single and did not add the wife as Nominee. he has not given his wife any money from the settlement. Now since my friend is desserted and poor can she file a case for an amount of the settlement to be given to her, and for the husband to add her name as Nominee, so after his death she would be eligible to recieve pension, Kindly advise.

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5 Replies

Dr J C Vashista (Advocate) 26 September 2015

1. She can approach the court for appointment of her lawyer from the pool maintained by Legal Services Authority for proper proceedings and advise if you are unable to handle.

2. She is entitled for alimony as per the status and standard of living of her husband.

3. She will have to approach the employer (Railway) of her husband for recording herself as his wife in the service dossior.

G.L.N. Prasad (Retired employee.) 26 September 2015

I am afraid that the properties (retirement benefits)_ are self acquired and hence husband can take a decision he likes. Further, after retirement the income of husband has drastically reduced and Rs.20,000/- is a nominal income for a comfortable living keeping in mind the medical necessities.

Kumar Doab (FIN) 26 September 2015

Agreed with Experts.

K.S.Srinivas (Advisor (HR)) 27 September 2015

1. She is eligible for maintenance.

2. She can file a representation before the Railway authorities concerned claiming that she is wife of the retired employee, family pension after the death of husband etc.

T. Kalaiselvan, Advocate (Advocate) 02 October 2015

Since their marriage has not been dissolved by a decree of divorce, she is still his wife, therefore as per pension rules, her husband has to nominate her name in the pension records,she may apply for it with the railway authorities if he is refusing to do it.

She may even claim for maintenance from him, it becomes his duty to maintain his wife or allot money for her maintenance.