Cancel nominee
Querist :
Anonymous
(Querist) 11 May 2024
This query is : Resolved
Hello sir,
I have a boyfriend who is working in airforce and he declared me as his wife(nominee)if I have to breakup with him will there be any problem to him or me. If I ask him he's not saying anything about the legal procedure I want to breakup with him at the same time which should not impact his duty..please help me what can I do in this situation
T. Kalaiselvan, Advocate
(Expert) 11 May 2024
It is an illegal act as per Air Force regulation to record a woman of his choice as his wife in his service records without a properly and legally valid marriage.
If the matter is reported to Air Force authorities he will be subjected to disciplinary action.
Since you are not his legally wedded wife, there's no binding on you to continue this relationship with him anymore, you can break it and proceed your way.
Querist :
Anonymous
(Querist) 11 May 2024
But he told me if I have to change his nominee I have to go to the court and he will be asked to quit the duty...is it possible to do that in the airforce
Querist :
Anonymous
(Querist) 11 May 2024
I just verified with him he put my name as an affidavit (nominee) excluding hospital and canteen facilities he gave my name and I asked him to cancel it now he is telling that if he cancels it he will ask to quit for giving fake affidavit and for rape and theft he cannot work in duty... he's stopping me from breakup by saying all these.please tell me if it's true or not
T. Kalaiselvan, Advocate
(Expert) 11 May 2024
He is creating many stories now.
It is not possible for him to get your name added to his service records until he shows documents(even fake or fabricated) to prove the marriage solemnised between you both.
If you don't agree for this false set up and would not recognise this marriage on false and fabricated documents,. then you writ to his commanding officer about the cheating activity done by him to ruin your future.
He has done a gross offence which will spoil your future as well by falsely stating that he is married to you, which if not corrected now then you will face grave legal consequences in future, especially when you want to marry another person.
You should not entertain him anymore and strictly instruct him to remove your name from his service records failing which you can warn him of criminal legal action against him for the offences he has committed.
P. Venu
(Expert) 11 May 2024
Admittedly, you are not his legally wedded wife. Now that you have decided to discontinue the relationship, you are a free person. Whatever declarations he had made in the official records, are his own doing and it is for him to deal with the mess, if at all any.
Sudhir Kumar, Advocate
(Expert) 12 May 2024
He can surely be thrown out of service for having falsely given a nomination in favour of a woman who is not his wife falsely stating her to be wife.
Such nomination would not have been accepted unless he gave marriage intimation (false) and casualty published.
kavksatyanarayana
(Expert) 12 May 2024
Central government employees furnish family details at the time of their initial appointments. Later they provide in the prescribed format if there are any changes in their family. And they may get married and start their families. Children arrive and their dependents increase. Therefore employees need to update their family details as and when changes occur. You are not a legally married wife. After the break, he may change the nomination. Why do you worry it is his lookout.
Sudhir Kumar, Advocate
(Expert) 18 July 2024
I am sorry to disagree.
In armed force the person declares his marriage and then he is treated as a "soldier with family". The rules of nomination applicable to family man starts applying and is bound to include wife as nominee.
Exclusion of spouse from nomination is the prerogative of female employee only
For male exclusion of wife as a nominee is possible only if the divorce deed is produced for a judicial separation is shown or death certificate of wife. Without this the Air Force will not accept any nomination in favour of any lady to whom he marries rather will put him on the chargesheet.
BEWARE in Armed Forces the length of service increases with the promotion. In case someone is involved in disciplinary case (for which he had made good ground) he is not promoted and retired after expiry of the No of years allowed in present rank and terminal benefits given after the case finishes.
BEWARE If Air Force knows that he declared you as wife while you we not wife then his job is likely to be no more. Even his wife (if he marries anyone) has a right to seek divorce /nullification of marriage, from him and compel maintenance out of his salary (and even after retirement) till she remarries. If relationship deteriorate then she, if well advised can have in rape charges for inducing her to physical relations by way of a null and void marriage.
BEWARE in Armed Forces the wife need not bring court order for maintenance. She can just prove before Air Force that she is "abandoned wife" and Air Chief has powers to certain deduction from salary to be remitted to wife each month
If he marries another girls (officially) and tries to declare her as wife (without showing divorce with you) the loss of job is almost certain. Plural marriage is not tolerated in Govt job and more particularly Armed Forces.
In this situation if you marry elsewhere (without divorce) then even your husband if knowing this has a right to seek divorce or nullification of marriage because till today on official records you have a spouse.
Safest course of action is that your should approach court and seek divorce on mutual grounds.This is 18(+) months drill.
