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India is great (Service)     01 September 2014

Post retirement benefits

respected members

1.  both 498A and 125  maintenance is going on. i am paying interim maintenance. from my side RCR is also pending.

2.  i am at the verge of retirement from defence services.

3. can wife approach  to head office and snatch my post retirement benefits ( gratuity, commutation, leave encashment, pf  etc. ) ?

4. to further harass me, can she approach court to stop/ stay  payment of post retirement benefits to me by my office ?

if so, then  what is the preventive measure ?



Learning

 6 Replies

Sudhir Kumar, Advocate (Advocate)     02 September 2014

she cannot snatch the retirement benefits.

 

If you are defence personnel then for maintenance she did not need to go for 125 she could have got salary attachment from MoD without court. order.  So she is not well enlightened.

 

As long as case is pending the deptt is not going to release terminal benefits except Gp Ins and PF.  But deptt cannot give it to her.

 

SHe also has no ground to move court for the same.

1 Like

Advocate/CS Sanjeev Kataria ( Advocate)     02 September 2014

Your all the retrial benefits are immune from attachment. No court can attach them.

All the benefits are to be released by defence services, court does not interfere in that, your wife is also not entitled to do so. if she is getting maintenance by the order of Chief of the Air/Army/Navy staff, then the maintenance amount would be stopped the moment, you are discharged from service. after that she can go for maintenance or if the maintenance is granted by the court, then no change.

1 Like

(Guest)

@author,

A/t your PM and the query led down before me, following are my opinions:

 

1. I agree with mr. Sudhir and mr.kataria that she is not entitled to claim your retirement benefits pertaining to her maintenance.

 

2. By your statement you already paying interim to her then for what reason the court will intervene in your retirement benefits, it will be against service rule.

 

3. On other hand you are fighting a Rcr against her that means you are ready to keep hrr and maintain her.

 

4. Your anticipations are not worthy, try to concentrate on actual case In hand which you are fighting.

 

ESIS

1 Like

Sudhir Kumar, Advocate (Advocate)     04 September 2014

I further qualify that if you retire with a criminal case. The govt is sure to suspend terminal dues.  But it cannot be given to any one else.

T. Kalaiselvan, Advocate (Advocate)     06 September 2014

She cannot take away or will be entitled to get benefits of your terminal benefits, there is no rule that the terminal benefits should be given to her during your life time.  Donot stop paying her the maintenance amount.

1 Like

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