Share of pension to first wife
kehar singh
(Querist) 11 April 2016
This query is : Resolved
Sir,
My son in law got married with second wife about 5 months ago. He is a state Govt. employee in Police Department. retired in February 2016.
His first wife did not file any suit because of the apprehension that his service may get dismissed resulting as a result even she may also loose the benefits which was about to rip had her husband did not re married.
thus, both of them mutually agreed to share all the pension benefits (Pension, Death cum retirement gratuity, cash against unutilised leave etc ) in the ratio of 50:50 and prepared a written agreement in the stamp paper and got signed by both in presence of witnesses.
There after the first wife continuously received her share (50%) of salary till the month of his retirement.
A copy of the agreement was given to the drawing & disbursing officer both in administrative department (POLICE) and Pension Department, Govt. of Sikkim for onward action while making the pension payment.
Now it is said that unless the agreement is vetted by the court of law the Pension Payment Officer is not bound to distribute the pension as written in agreement if the husband raise objection for distribution to his first wife with new plea.
Under this circumstances what should the first wife do to get the agreement equivalent to the decision made by court of law.
Though both of them are staying separately at two different places though not divorced legally but by virtue of the agreement so signed.
Since there is very little time as his file for grant of pension has already been processed so kindly give the ways n means to provide the right of first wife.
Devajyoti Barman
(Expert) 12 April 2016
No court of law can vet sUch an illegal agreement where the wife allows her husband to commit bigamy which is criminal offence.
There is no provision whereby the court cna allow division of pension.
hIS FIRST WIFE THOUGH CAN FILE CASE FOR MAINTENANCE AS A RESULT OF WHICH THE COURT CAN GRANT MAINTENANCE FROM HIS PENSION AMOUNT.
The terminal benefit can not be divided either during the life time of employee.
So act accordingly.
P. Venu
(Expert) 12 April 2016
Any agreement or contract against public policy is void from its very nativity.
Rajendra K Goyal
(Expert) 12 April 2016
His first wife can file case for maintenance. Pension would be paid to retiree during his life.
kehar singh
(Querist) 12 April 2016
Does it mean the first wife has no right over the terminal benefits payable to his husband except for monthly maintenance allowance. If so then any male employee can go for bigamy just before his retirement and by forcing the first wife, who live with the employee for over 30-35 years, to survive with monthly maintenance allowance only. She has no right what her husband earned during the service period. What a funny law.
