Adding name of first wife in service records
sreedhar musipetla
(Querist) 17 February 2015
This query is : Resolved
X is the wife of Y. Y is a railway employee and they are blessed with a female child, who is also married. thereafter Y married another woman Z and she is also blessed with children, thereafter Y totally neglected X. X filed a maintenance case and the same is allowed. Y admitted the marital relationship and paid maintenance for few months and thereafter committed default. X is eaking out her livelihood at the mercy of her relatives. Y had retired from service and now he is suffering from ailments and completely bed ridden. Now Y denying to pay any amount to X and also denied to include her name in service records. X intends to add her name in the service records of Y. What is the procedure. Whether a suit for declaration before civil court is sufficient.
adv. rajeev ( rajoo )
(Expert) 17 February 2015
First let her file an application before the railway authorities to include her name.
Civil suit is also ok
Devajyoti Barman
(Expert) 18 February 2015
Without the consent of Y, X can not get her name added in the service record. However she can send her name on which basis the departmental enquiry may start.
On his death, X being his legal heirs will inherit his property and retiral benefits.
P. Venu
(Expert) 18 February 2015
The person has already retired. No change in service could be made at this stage.
The query does not disclose the complete information. Pl furnish.
Rajendra K Goyal
(Expert) 18 February 2015
If Y is Hindu and second marriage was without divorce from X, second marriage is not legal. X should move to court for getting orders to include her name in documents.
malipeddi jaggarao
(Expert) 18 February 2015
Full information is not given. X is the first wife having children and husband is railway employee. Naturally her name would have registered in service records of Y. There is no mention why her name was not recorded in the service Register as nominee. Who is the first wife? X or Z? If Z is second wife, why X sought only maintenance from her husband. Has she brought the fact of second marriage in her maintenance petition? Give full details. Otherwise any advice will be of no use.
sreedhar musipetla
(Querist) 18 February 2015
Y married Z without dissolving his earlier marital relation with X. It has been pleaded in maintenance case. X is not interested in initiating criminal proceedings against Y and also Z.
P. Venu
(Expert) 19 February 2015
Was the maintenance paid through attachment from salary?
T. Kalaiselvan, Advocate
(Expert) 20 February 2015
X can approach the railway pension authorities to include her name in the service pension records on the basis of the court records wherein her husband agreed her to the wife and had been giving maintenance amount to her. The second marriage is void in the eyes of law hence the second wife cannot be entitled to be included in the service records. She has to initiate the action during the life time of her husband itself to avoid litigation from the second wife side afterwards.
