Does wife has the share in the pension of the husband
JOTHIKUMARAN
(Querist) 12 May 2012
This query is : Resolved
Dear Sir,
My neighbour friend married a girl and living a peaceful life. But his mother-in-law is living seperately in a village.She does not have any income. She is married to a man and raised two daughter who are now at the age of 33 & 27 (Both are married).
Her husband is having a illegal relationship with a lady from the year 2000. He raised a boy baby(Age 10) from her and living with her. Recently my friend's mother in law husband retired from the Indian Civil Service and got good amount of money.
Now her husband is not giving her any amount. 6 months before her husband came to her house to take photograph togother to claim money from the Government for the retirement. He said to her that if he produce the Joined Photograph to the Govt. he would be able to get the retirement amount and he will give her the share.
But he had cheated her and not given any penny of amount to her. He had bought land, vehicle and given some money to his relatives.
Does my mother in law has legal rights to claim for his pension money from her husband? Does the daughters has legal rights to claim the pension of their father?If so, how to claim and where to claim?How many days it will take to get her claims? Their family is very much worried and mentally disturbed.
I request you to kindly advise for this issue. Thank you.
ajay sethi
(Expert) 12 May 2012
tell the mother in law to file case gainst her husband for maintenace . she is entitled to maintenance form her husband . consult a local lawyer . it may take some months but ultimately she will get mainteance .
daughter dont have nay right to claim pension of father . mother in law is only entitled to maintenace not pension of her husband .
Adv Archana Deshmukh
(Expert) 12 May 2012
A wife has no right to claim the pension of the husband till he is alive, she can only claim maintainance from him. As far as married major daughters are concerned they have no right over their father's pension neither during his lifetime nor after his death.
SAINATH DEVALLA
(Expert) 12 May 2012
Dear Mr.Kumaran,
Your motherinla is the official legal wife of your fatherinlaw.She has every right to claim maintenance from her husband since the day he deserted her.She is the only eligible person for maintenance.Hence act according to Mr.Sethi.
Shonee Kapoor
(Expert) 12 May 2012
I endorse the expert opinion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 13 May 2012
Joint photograph with spouce is the legal requirement of pension papares and she is entitled to pension the moment he dies but she need not hasten his death.
As long as he is alive she has right to stake for maintenance but notinf the form of pension share.
