Urgent help required - case of adultry
Suman Mishra
(Querist) 03 June 2014
This query is : Resolved
I am a 64 Yr old lady. My husband had retired from a PSU bank in 2009, after his retirement he did not receive any PF or pension. On inquiring with the bank authorities he was informed that he has to deposit around Rs. 8 lac in bank as there was some miscalculation of two of his increments and that PF and pension will be settled once he deposits this amount. I arranged for this amount from my relatives and children. Even after depositing this amount pension or PF is not released till date.
From a different aspect, my husband was involved in a case of adultery during 2007 – 2012 (It is still uncertain even now). Later he took me in confidence that some more amount needs to be deposited as he has received an email from the bank authorities and I arranged more money from my son, this happened thrice and by now he has already taken close to Rs. 12 lac from me and now told me that ‘he has received his pension last month but he has changed the account number because I do not give him proper food and will not share any amount with me and will neither refund money taken from my relatives and children’. He does not spend even a single paisa in house or food or on any house related thing for that matter, rather he says that he has invested all his money in share market. I suspect that the amount (8 Lacs) arranged by me was never deposited in his pension account and that he (my husband) has bought some property in his second wife’s name (Whom he probably did not marry) and now having some other plans like selling off the property we live in and (maybe) eloping with the other women.
I inquired into the matter and found that Rs. 4 lacs taken from me later (Excluding 8 Lacs given earlier) never went into pension account of the bank rather it was transferred from our savings account to his other account and then further transferred to a third account, I am not sure about the fate of Rs. 8 lacs taken from me earlier. Moreover the email from bank, which he had referred to, proved to be fake and was made on gmail account, which definitely does not belong to a bank.
Now I want to inquire about his total pension, provident fund and gratuity from the bank, how do I do it?
Please advise I am in serious need of help.
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Dear Experts,
Being in the capacity of wife do I have a right to get information (under RTI) on status of his pension, PF, gratuity and leave encashment?
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Dear Experts,
Thank you very much for resolution.
This case might be one among many for you but for me it's a matter of life or death.
In today's development my husband went missing along with his goods in the afternoon while I was out for one hour.
I checked for his belongings and he has taken along his clothes and a bag.
I have tried calling on his no. but it is switched off.
Now I suspect that he might come back in a few days and will try to sell the property I live in. Although the original house deed is in my custody but it is in his sole name. Do I have a recourse if he comes with a buyer and tries to sell this property and leave me for ever? He has went missing for two months in the past also and came back after 2 months along with a lawyer to file divorce with me which I did not accept.
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Dear Expert Shri Malipeddi Jaggarao Sir, You have actually caught the nerve. Yesterday when my husband eloped was because he saw me going to bank’s regional office along with my son, he got a sense that now he will be in trouble. At the bank yesterday I came to know about the facts that you have rightly pointed, though an option was given to my husband to start the pension by depositing the said amount (Rs. 1204736/) and though it was arranged by me from my sisters, my son-in-law and my son but he never deposited the money with the bank.
He maintained a mix of truth and forgery, the amount was required to be deposited but was never deposited even after having arranged. I was under an impression that he has deposited the amount and we will live rest of our lives happily and that his relations with the other women are over.
Now he having eloped I am left with nothing of my own, even the property is in his name, probably he has bought another property in the other women’s name (I am quite sure because yesterday I found a challan in his almirah that contains proof of deposit of Rs. 15000/ for booking a flat in name of the lady), now I believe he will never come back and if ever he returns he will come with a buyer and throw me out of this house, this house was made from money earned by him but was constructed brick to brick by me under severe Sun, cold and water.
I am ready to fight but every other person who talks to me gives a different opinion, some say file an FIR for cheating, some say publish his missing information in news paper, some say he cannot sell this house because I live under this roof. He is definitely having some expert backend support that is the reason why he has made a 5 year long plan and taken me by surprise. I am puzzled, helpless. If I file a suit against him he will come up with a better plan, in the past he had lodged complaint against my son, my son in law, his father who was an IAS officer and my neighbors and we all had to run from pillar to post to prove ourselves innocent and all this drama ended in a compromise, he promised me 40% of his pension as maintenance ‘when it starts’, which now I know will never start.
Though my son, my daughter, all my family members are with me but action is to be taken by me. Please advise me a foolproof action so that he cannot supersede that. I will be highly obliged.
Also Sir, Yes he has withdrawn all his fund, gratuity and leave encashment on 01/10/2009 which never came home. I got this information yesterday.
Devajyoti Barman
(Expert) 03 June 2014
1. You have no share in the pension or gratuity amount as long as your husband is living.
2. However if he refuses to maintain you then you can file case for maintenance.
3. You can file case for recovery of the said Rs. 12 lakh as well.
Dr J C Vashista
(Expert) 04 June 2014
I agree with Mr. Devajyoti Barman.
Be precise in the post.
Engage a local lawyer.
Sudhir Kumar, Advocate
(Expert) 04 June 2014
how could you believe this story that one has to deposit back in lakhs to get pension.
Now no way except what Mr Barman advised.
Rajendra K Goyal
(Expert) 04 June 2014
Well advised, agree with the expert Devajyoti Barman ji.
Suman Mishra
(Querist) 04 June 2014
Dear Experts,
Being in the capacity of wife do I have a right to get information (under RTI) on status of his pension, PF, gratuity and leave encashment?
K.K.Ganguly
(Expert) 04 June 2014
1. No. Being in the capacity of his wife you have no legal right to get the information about his personal financial matters like amount of Pension,PF, Gratuity,Leave encashment etc. during his lifetime,
2 You can file a complaint before the police for cheating you by Rs.12 Lakhs,
3. You can file a maintenance case if you are not employed.
Suman Mishra
(Querist) 04 June 2014
Dear Experts,
Thank you very much for resolution.
This case might be one among many for you but for me it's a matter of life or death.
In today's development my husband went missing along with his goods in the afternoon while I was out for one hour.
I checked for his belongings and he has taken along his clothes and a bag.
I have tried calling on his no. but it is switched off.
Now I suspect that he might come back in a few days and will try to sell the property I live in. Although the original house deed is in my custody but it is in his sole name. Do I have a recourse if he comes with a buyer and tries to sell this property and leave me for ever? He has went missing for two months in the past also and came back after 2 months along with a lawyer to file divorce with me which I did not accept.
K.K.Ganguly
(Expert) 04 June 2014
1. You have already been advised to lodge a police complaint against your husband for chreating you by Rs.12 Lakhs,
2. You can file recovery suit and also an application praying for restrain order on him to sell the flat till the suit is disposed of,
3. You can immediately file a maintenace application against him,
4. You can also file an application u/s498A to teach him a good lesson,
5. You can further file a police complaint against him bringing the charge of adultery.
Shonee Kapoor
(Expert) 04 June 2014
Nothing left to be added.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Handphone: +91-8010850498
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar
If you don't fight for what you want, don't cry for what you LOST.
Dr J C Vashista
(Expert) 05 June 2014
Nothing more to add. Engage a local lawyer to take on your brief and proceed as per law.
V R SHROFF
(Expert) 05 June 2014
Suman, you are a old Lady, a Sr Citizen
File Application under Domestic Violence Act, for Protection,Residence, Maintenance.
So you will get Order in your favour.
You demand back your money and stri-dhan, etc, and compensation.
Also call for / Summon Bank Officials to provide all information you need, thru court
I repeat Shri Shonee Kapoor's advise
" If you don't fight for what you want, don't cry for what you LOST.".
malipeddi jaggarao
(Expert) 05 June 2014
As I understand from your post, your husband was Public Sector Bank employee and retired in 2009. He might not have opted for pension option which was extended to PSB employees somewhere in 1994. But recently second option was extended to join in the pension scheme in the year 2010 even for retirees also. Your husband might have not opted for pension at first option, must have opted for CPF and taken the entire PF (his contribution and equal contribution of the Bank) at the time of retirement. Later in 2010 while the Bank extended second option, he might have opted to join the pension scheme in such case, he has to redeposit the Bank's portion of PF already withdrawn at the time of retirement and also some amount of contribution to Pension Fund as agreed upon between the Unions and the Banks Managements. So he must have deposited this money taken from you for this purpose.
What I suggest is - you can get the confirmation from the Bank Officials of the Branch from where he retired. You are persistently asking that whether this information can be get by RTI application. Why RTI application? That means you have already tried for the information and they did not provide you. Don't you know his colleagues who can help you if your problem is genuine? Your story is unbelievable. At the age of above 65 if the man is capable of eloping with somebody leaving the wife and children is not believable. What your son is doing? What is his opinion on these matters. According to me you have shown only one side of the coin. Please show the other side to get a proper guidance.
At the fag end of the life try to live peacefully. Rectify yourself if there are any aberrations. Take the assistance of other family members including your son to counsel your husband if he is at fault. Moving to courts, loosing money, mental peace - is it necessary at this stage?
Suman Mishra
(Querist) 05 June 2014
Dear Expert Shri Malipeddi Jaggarao Sir, You have actually caught the nerve. Yesterday when my husband eloped was because he saw me going to bank’s regional office along with my son, he got a sense that now he will be in trouble. At the bank yesterday I came to know about the facts that you have rightly pointed, though an option was given to my husband to start the pension by depositing the said amount (Rs. 1204736/) and though it was arranged by me from my sisters, my son-in-law and my son but he never deposited the money with the bank.
He maintained a mix of truth and forgery, the amount was required to be deposited but was never deposited even after having arranged. I was under an impression that he has deposited the amount and we will live rest of our lives happily and that his relations with the other women are over.
Now he having eloped I am left with nothing of my own, even the property is in his name, probably he has bought another property in the other women’s name (I am quite sure because yesterday I found a challan in his almirah that contains proof of deposit of Rs. 15000/ for booking a flat in name of the lady), now I believe he will never come back and if ever he returns he will come with a buyer and throw me out of this house, this house was made from money earned by him but was constructed brick to brick by me under severe Sun, cold and water.
I am ready to fight but every other person who talks to me gives a different opinion, some say file an FIR for cheating, some say publish his missing information in news paper, some say he cannot sell this house because I live under this roof. He is definitely having some expert backend support that is the reason why he has made a 5 year long plan and taken me by surprise. I am puzzled, helpless. If I file a suit against him he will come up with a better plan, in the past he had lodged complaint against my son, my son in law, his father who was an IAS officer and my neighbors and we all had to run from pillar to post to prove ourselves innocent and all this drama ended in a compromise, he promised me 40% of his pension as maintenance ‘when it starts’, which now I know will never start.
Though my son, my daughter, all my family members are with me but action is to be taken by me. Please advise me a foolproof action so that he cannot supersede that. I will be highly obliged.
Also Sir, Yes he has withdrawn all his fund, gratuity and leave encashment on 01/10/2009 which never came home. I got this information yesterday.
malipeddi jaggarao
(Expert) 05 June 2014
Expert Shri K.K.Ganguly summarized the opinions of all experts. Follow that advice and protect yourself to be out of the present house.
Raj Kumar Makkad
(Expert) 06 June 2014
I do endorse the advice of expert Ganguly.
T. Kalaiselvan, Advocate
(Expert) 06 June 2014
