Women awating divorce can make mother as nominee in pf?
asmita0009
(Querist) 29 August 2012
This query is : Resolved
my marriage registration is pending. now my divorce case is going on.my Husband not want to continue marriage. i am looking for the job. so please advice me may i can continue my previous name in job? may i can make my mother as nominee in PF and ESic etc ? may i can show my matrimonial status as married and my husband's name in form ? what i should have to mention please advice early.
Yogesh Anand
(Expert) 29 August 2012
1. Till the time decree of divorce is granted your status remains "married" and you have to mention the name of your husband wherever it is required.
2. You are free to make anybody as your nominee for PF and ESI.
3. If you have changed your name after marriage then you will have to change back to previous name but if you have not changed it officially then you can use the previous name in job.
Sudhir Kumar, Advocate
(Expert) 30 August 2012
I would beg to differ with Mr Yogesh Anand on the basis of following rule position:-
Para 2(g) : Family Means :-
(i) in the case of a male member, his wife, his children, whether married or unmarried, his dependent parents and his deceased son’s widow and children;
Provided that if a member proves that his wife has ceased, under the personal law governing him or the customary law of the community to which the spouses belong, to be entitled to maintenance she shall no longer be deemed to be a part of the member’s family for the purpose of this scheme, unless the member subsequently intimates by express notice in writing to the commissioner that she shall continue to be so regarded; and
(ii) In the case of a female member, her husband, her children, whether married or unmarried, her dependent parents, her husband’s, dependent parents, her deceased sons’s widow and children;
Provided that if a member by notice in writing to the commissioner expresses her desire to exclude her husband from the family, the husband and his dependent parents shall no longer be deemed to be a part of the member’s family for the purpose of this scheme, unless the member subsequently cancels in writing any such notice.
Explanation :- In either of the above two cases, if the child of a member [or as the case may be, the child of a deceased son of the member ] has been adopted by another person and if, under the personal law of the adopter, adoption is legally recognised, such a child shall be considered as excluded from the family of the member.
source
http://www.spmcil.com/spmcil/UploadDocument/Form%202-%20EPF%20Nomination%20Form.3b8cfa82-c9ea-4f0d-aa8c-3d556dabea23.pdf
Guest
(Expert) 30 August 2012
Nomination under EPF scheme cannot be made in favour of mother till acccomplishment of the process of divorce. However, if you have any child of yours, you can change nomination in his/her favour.
V R SHROFF
(Expert) 30 August 2012
EPF also links Family Pension.
So Nominee of EPF must be a Family member.
For Unmarried: can nominate Mother.
For Married man : mother, wife & children
For Wife: Husband & children
Sudhir Kumar, Advocate
(Expert) 30 August 2012
I reitrate the relevant part of the above stated rule position:-
(ii) In the case of a female member, her husband, her children, whether married or unmarried, her dependent parents, her husband’s, dependent parents, her deceased sons’s widow and children;
Provided that if a member by notice in writing to the commissioner expresses her desire to exclude her husband from the family, the husband and his dependent parents shall no longer be deemed to be a part of the member’s family for the purpose of this scheme, unless the member subsequently cancels in writing any such notice.
So wife can exclude her husband.
