Kanai Guchhait 13 July 2017

Family pension

Hi,

Husband is state govt. pension holder and not staying with wife and not giving any alimony to wwife. Is there any law or any provision, so that wife can get any portion of pension hence husband is alive?.

With Best Regards

Kanai Guchhait

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3 Replies

Raveena Kataria (Advocate ) 14 July 2017

Yes, if the wife is unable to maintain herself/cover her expenses, she can file for maintenance u/s 125 of the CrPC. She can apply for restitution of conjugal rights, which is her marital right, and the husband's failure to comply with which will provide her with a ground for divorce. Post that, she can also apply for permanent alimony u/s 25 of the Hindu Marriage Act.

Kanai Guchhait 14 July 2017

Dear Sir,

Actualy both the Husband and wife are seniour citizen. Husbands age is above 75 years and wife is 65 plus, so, in this situation is divorce compalsury? Please guide.

Thanks & Regards

Kanai

Raveena Kataria (Advocate ) 14 September 2017

Yes, ma'am, divorce would still be compulsory.

Family pension

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