Pension rules
Arvind Singh Chauhan
(Querist) 26 December 2013
This query is : Resolved
Sir,
"A" married with a lady "B", whose husband was alive. "A" entered "B"'s name in his service record also.
Later due to bad character of "B", "A" left "B". "B" filed 125 against "A". Court refused to grant maintenance as her husband was alive while marriage with "A".
Now "A" Married with "C".
But "C"'s name is not in service record. after the death of "A". Asam Rifles is paying family pension to "B".
"C" applied for pension refering the judgment of court, but Asam Rifles is refusing to pay to "C" as her name is not enrolled in record.
Please refer concern rules I have filed declaratory suit on behalf of "C" for declaring her legal wife of "A" Asam Rifles is a party which is stick on it's version.
T. Kalaiselvan, Advocate
(Expert) 26 December 2013
There is a recent disposal/settled law of similar case by the Armed forces tribunal at Chennai granting relief to the second wife by ordering the pension authorities to pay pension and other benefits to the so called second wife, you may file a case before the Armed forces Tribunal under your jurisdiction and seek relief.
Sudhir Kumar, Advocate
(Expert) 27 December 2013
Action of Deptt is correct onrecord.
YOU SAID
"C" applied for pension refering the judgment of court, but Asam Rifles is refusing to pay to "C" as her name is not enrolled in record.
It is now know which judgement you are talking about.
P. Venu 
(Expert) 27 December 2013
Authorities are bound to go by the nomination; they cannot be faulted. Moreover, they cannot adjudicate on competing claims.
Move the Tribunal early.
T. Kalaiselvan, Advocate
(Expert) 27 December 2013
A judgment has been pronounced by the Armed Forces Tribunal directing the pension authorities to grant pension for second wife very recently and the same has appeared in the third page of the English Daily News paper 'Deccan Chronicle' Chennai edition dated 26.12.2013.
A brief reproduction of the contents:
Army refused plea as there was no legal divorce, the regional bench of the armed forces tribunal, Chennai has directed the ministry of defence and Indian Army to provide a pension to the second wife of a deceased soldier.
The couple took a customary divorce by means of a mutual agreement in accordance with the customs prevalent in the village and in the presence of elders. Subsequently the soldier married another lady later on while he was in service and then after discharge from service he live with the second wife till his death. Three months after executing a will in favor of his second wife, the soldier passed away whereas the Army authorities refused to pay family pension to the second wife quoting that the decree of divorce from the court relating to the termination of marriage was not furnished to the authorities. The Bench of tribunal held that the second wife emerged as heir testamentary and directed the ministry of defense and Army to grant her a family pension with retrospective effect.
Inview of above, it is advised to approach the Regional bench of the Armed forces Tribunal for relief with a petition.
Arvind Singh Chauhan
(Querist) 27 December 2013
Sudhir Sir !
judgment was of 125 Cr.P.C in which "B" was denied maintenance as being illegal wife of "A", because she married with "A" while her husband was alive.
T. Kalaiselvan, Advocate Sir! thanks for the help-
Sir it is a matter of Asam Rifles which comes under the home ministry, whether ARMY Tribunal has jusrisdiction ?
T. Kalaiselvan, Advocate
(Expert) 27 December 2013
@Arvind: Assam Rifles is a contingent of Indian Army, it can be very well addressed by Armed Forces Tribunal. If you have already filed a declaration suit seeking to declare that C is the legally wedded wife of A, wait for its disposal and then approach the Tribunal.
Sudhir Kumar, Advocate
(Expert) 28 December 2013
No Mr Kalaiselvan appears to have confused (like many other persons do).
Assam Rifles is a paramilitry force.
Assam Regiment is part of Indian Army.
AFT does not have jurisdiction on paramilitary forces.
Sudhir Kumar, Advocate
(Expert) 28 December 2013
It has now come out that :-
"judgment was of 125 Cr.P.C in which "B" was denied maintenance as being illegal wife of "A", because she married with "A" while her husband was alive."
Now it is seen that there is some evidence (which is not further agitated by illegal wife) that the deceased has wrongly recorded her as his wife.
Matter can be attempted.
P. Venu
(Expert) 28 December 2013
Which Rules apply?
CCS(Pension)Rules or Army Pension Regulations?
