Stay, not resolved
advmarcela
(Querist) 23 December 2015
This query is : Resolved
Dear Sir,
My client's Son, deceased person was working in Electricity Department (State Govt Undertaking). Age was 45 years.
He was a permanent employee of the Electricity Department. After his death the nominee of the deceased were his parents, mother and father (both are alive). The nominees thereafter tried to claim the proceeds of their son in this month. A lady came forward to claim his proceeds and who claims that she is his wife and married to him in 2013 and claiming to have his 18 years old daughter (the birth record of the daughter, i.e the birth certificate is not available to us). When the nominees enquired with the Head of the Electricity Department, their reply to the nominee was the lady claiming to be the wife has already submitted all the documents to the office of the Electricity Department to get the claim proceeds and also his job.
The Electricity Department officers directly denied to give any information and asked the nominee to "get a stay"
Sir, please guide me on this. And how shall I go about it.
- Is it that Stay is to brought under Sec.151 of CPC?
- Who is to be made the party? The Electricity Department or the Lady?
- What are the documents of the deceased that I can rely on to get the stay?
- If you may guide me, under which order of CPC it is to brought?
May you advice me on the Jurisdiction and Rules/Act applicable to the Employees for claiming the benefit from Electricity Department in service for 9 years non pension employees.
Thanks and regards,
Adv. M. Mesta
SAINATH DEVALLA
(Expert) 23 December 2015
Married in 2013 and an 18yr old daughter: how can she justify that,without valid birth documents of the girl.Something fishy, was the deceased person a bachelor?
Rajendra K Goyal
(Expert) 23 December 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Stay-576371.asp#.Vnq2jfl97IU
advmarcela
(Querist) 24 December 2015
Respected Sir
Yes, the lady's daughter is of earlier marriage or not yet we have applied for record. The lady has married for the third time to the deceased. Has children and grandchildren of earlier husband also and claiming one daughter to be of the deceased. Yes, the deceased was a bachelor but the lady has a civil marriage certificate produced for Job on compassion and Death Claim, though, parents name is mentioned on nomination form. The deceased was living with parents and expired at the parents residence.
I have already applied for certified copy of the file to get stay.
Please advise how do I go about with it.
Thanks and regards
Adv. M. Mesta
advmarcela
(Querist) 24 December 2015
Respected Sir
Yes, the lady's daughter is of earlier marriage or not yet we have applied for record. The lady has married for the third time to the deceased. Has children and grandchildren of earlier husband also and claiming one daughter to be of the deceased. Yes, the deceased was a bachelor but the lady has a civil marriage certificate produced for Job on compassion and Death Claim, though, parents name is mentioned on nomination form. The deceased was living with parents and expired at the parents residence.
I have already applied for certified copy of the file to get stay.
Please advise how do I go about with it.
Thanks and regards
Adv. M. Mesta
advmarcela
(Querist) 24 December 2015
Respected Sir
Sorry for the double click. Should I go for the stay and if yes please guide me on this.
Or should I post a notice under section 80 of CPC and then file Special Civil suit? Even if this lady tends to be legal wife can the nominee that is parents can claim the death benefit claim and the brother of decease claim job on Compassionate ground.
