Divorce case
Mohan
(Querist) 06 February 2019
This query is : Resolved
Hi friends,
Here i explain my situation, please help me on this. Thanks in advance
My dad filled divorce case on my mother on 2017. The divorce case is hearing happen monthly and keep on going. My dad has some illegal families over last 2 years. That illegal women make my father turns against us. My father is working on the Southern Railway. His service gets completed by this may 2019. So we are concerning about the illegal women will take up all the money from my dad which is he gets as settlement at last. Then she will through my father outside. So Please Please advice me is there any option to hold the settlement money until that divorce case gets clear. Something like to hold the settlement amount. Please guys anyone out there help me.
Vijay Raj Mahajan
(Expert) 06 February 2019
As such there is no way to stop the final settlement of your father from his employer which is Railways, but you mother can still inform his department about the divorce case proceedings and her right to claim permanent alimony and maintenance from him for which the amount he will get as settlement amount has her share too being his legally married wife. Keeping this in mind no final settlement be done till his divorce case get decided by the court.
The wife can also file application for injunction against the husband for spending or giving away any amount of money he gets as settlement amount from his employer because that amount has her share being his wife.
Applications under section 24 HMA for maintenance pendent lite and s 25 HMA for permanent alimony and maintenance can also be filled as precautionary measure against the husband.
Need not mention about his extramarital relationship with another woman because that may spoil the defense in the divorce case for her.
SHIRISH PAWAR, 7738990900
(Expert) 06 February 2019
As per you cannot hold the disbursement of final settlement. Your mother can have maintenance right over your father for herself and her children.
Martin S.
(Expert) 06 February 2019
Although cases u/s 24 and 25 Hindu Marriage Act can be filed, those cases will run like marathon. Becoming wife of someone who is govt employee does not create lein on pension and benefits which the govt employee will recieve by the end of his tenure.
Even if court orders the govt employee who is going to retire in May 2019, to pay alimony to wife or to the keep (in case keep also files DV case to recover maintenance and rent). The old man will have to pay the said money by some means or other or raise loan to pay lumpsum so that he need not pay monthly.
But the court cannot attach pension or benefits to some alimony, maintenance or rent claim by either of the wife.
If the old man is giving away the money to the keep, he will be doing it out of cast of love spell or whatever it may be. It will be his own money which he got for serving the department life long and he can either gamble, throw it away or give to keep.
It is my opinion that these matters aer not a result of one day. Why a man seeks another woman friendship? What makes him do it ? It is the failure of so many things from his wife and children (in many cases) which lead the man to search love elsewhere.
Ultimately if one is treated properly with love and respect, affection etc why will he wander off?
Instead of moving court and filing cases seeking alimony or contacting department and requesting not to release money, better to file some 498a case or DV case on husband, get him down to his knees and make him pay share from that money as settlement amount for giving mutual divorce consent.
That way your mother will have less headache, she will get money, you can keep that as deposit or simply buy some property and invest.
Just filing alimony case wont get you all anywhere.
Martin S.
(Expert) 06 February 2019
Although cases u/s 24 and 25 Hindu Marriage Act can be filed, those cases will run like marathon. Becoming wife of someone who is govt employee does not create lein on pension and benefits which the govt employee will recieve by the end of his tenure.
Even if court orders the govt employee who is going to retire in May 2019, to pay alimony to wife or to the keep (in case keep also files DV case to recover maintenance and rent). The old man will have to pay the said money by some means or other or raise loan to pay lumpsum so that he need not pay monthly.
But the court cannot attach pension or benefits to some alimony, maintenance or rent claim by either of the wife.
If the old man is giving away the money to the keep, he will be doing it out of cast of love spell or whatever it may be. It will be his own money which he got for serving the department life long and he can either gamble, throw it away or give to keep.
It is my opinion that these matters aer not a result of one day. Why a man seeks another woman friendship? What makes him do it ? It is the failure of so many things from his wife and children (in many cases) which lead the man to search love elsewhere.
Ultimately if one is treated properly with love and respect, affection etc why will he wander off?
Instead of moving court and filing cases seeking alimony or contacting department and requesting not to release money, better to file some 498a case or DV case on husband, get him down to his knees and make him pay share from that money as settlement amount for giving mutual divorce consent.
That way your mother will have less headache, she will get money, you can keep that as deposit or simply buy some property and invest.
Just filing alimony case wont get you all anywhere.
P. Venu
(Expert) 06 February 2019
What are the grounds on which divorce is sought? What is the stand of your mother? Is she getting maintenance now?
As regards to retirement benefits, your father is entitled for gratuity, commutation of pension, leave encashment etc. All these are his own and no one has any vested right in those funds. It is all at your father's discretion.
However, in case of the marital status remaining unchanged, your mother is entitled to be shown as the spouse in the pension papers, including the Pension Payment Order (PPO). If so, your mother has the prospective right for family pension, in the light of the situation remaining unchanged until the lifetime of your father.
Dr J C Vashista
(Expert) 07 February 2019
1. Pension can not be attached for the purpose of maintenance of "wife", "children" and "parents/dependant(s)", however, other terminal benefits can be disbursed by employer (Railways) on the application of claimant(s)/ LR as recorded in the service dossier.
2. Has any one of you attempted to convince/ persuade your father to leave his keep ? If not, try out putting a social pressure.
3. Divorce/ any legal recourse or leaving your father at this juncture will be disastrous for your family. Be practical in life.
