Pension
Arvind Singh Chauhan
(Querist) 15 September 2013
This query is : Resolved
Sir,
Under impression, "A" (wife) had been mentioned in service book by husband "B".
later his wife deserted him and he performed second marriage with "C".
After the retirement his first wife "A" filed maintenance case, which was rejected by court, finding that she was illegal wife because she married with "B" when her husband was alive.
After the death of "B" Asam rifles started to disburse family pension to "A".
His second but Legal wife "C" requested to Asam Rifles to cancel the name of "A" from service book, and to enter his name and to allot family pension to her. She has sent judgment of 125 in which "A" has been declared illegal wife.
But Asam Rifles is refusing to do so and says as name of "A" is entered in "B"'s service book as wife it is not possible.
I have filed civil suit for the declaration and mandatory injunction. To declare "C" as legal wife of "B" and to direct Asam Rifles to enroll her name in service book and sanction family pension to her.
Sir as I am novice in service matters, pension etc. Please help with relevant pension rules and case law if any ?
Sudhir Kumar, Advocate
(Expert) 15 September 2013
ABC. Not clear.
state facts clearly.
state clearly whether the wife whose name is entered in service book was divorced at any stage.
Isaac Gabriel
(Expert) 15 September 2013
You have to expedite the case to get name changed in the pension record.In the meantime try to get mandatory injunction for the disbursement of the family pension to wife A
Sudhir Kumar, Advocate
(Expert) 15 September 2013
repeated
http://www.lawyersclubindia.com/experts/Ccc-pension-rules-422976.asp
Arvind Singh Chauhan
(Querist) 15 September 2013
Sorry,
Sir I had no intention to post query two times. In fact in first attempt, due to network problem I could not find my query and I posted once more. So pardon me please, and help please.
Arvind Singh Chauhan
(Querist) 15 September 2013
Respected, Gabrial Sir.
She has already requested for name change in service record but Asam Rifles is not paying any heed to her.
