Shobhit Banerjee 04 June 2020
kavksatyanarayana (subregistrar/supdt.(retired)) 04 June 2020
Without divorce, how "W1" filed the case for maintenance, and why rejected by the Court? In the Service Records of "H", whose names were recorded?
Shobhit Banerjee 04 June 2020
Shobhit Banerjee 05 June 2020
Shobhit Banerjee 05 June 2020
Sudhir Kumar, Advocate (Advocate) 15 June 2020
Originally posted by : Shobhit Banerjee | ||
Question is who is entitled to receive Terminal Benefits and Compassionate Appointment in case where the Deceased has taken two wives. Facts In Short 1. "H" (Hindu by Religion) was working with LIC as a class IV staff and had unfortunately died while in service.2. "W1" is the first wife of "H" and she was living separately from "H" for the past 22 years i.e from 19983. "W1" also claimed maintenance from "H" u/s 125 Cr.P.C twice, first in year 2000 and second in year 2011 which were rejected.4. As "W1" was not living with "H," he took "W2" as his second wife in the year 2000. There is no proof that "H" divorced "W1" before marrying "W2," Only evidence of marriage "W2" has is a letter written by a local pundit stating the fact that he performed the marriage in the year 2000.5. "H" after taking "W2" as his second alleged wife, changed his NOMINAIONS in all the benefits like PF, Insurance etc from "W1" to "W2"6. Now after his death son of "W1" is claiming compassionate appointment with the LIC and "W1" is claiming all the Terminal Benefits at the same time "W2" herself in claiming Compassionate Appointment and other Terminal Benefits. Query 1. Who is eligible for Terminal Benefits (Nominations are in favor of "W2")2. Who is eligible for Compassionate Appointment (There is no proof of divorce and only a letter as mentioned in point no.4 as proof of second marriage) |
Anyway the given facts indicate tht the second wife does not exist in the eye of law and if govt servant was alive he wa liable to disciplinary action for having violated basic condition of joining as he entered inbigamous marriage without a valid divorce.