My father retired from his active service as govt employee around 5 years back. He is yet to receive his regular pensionary benefits. The problem is that he has two wives and is hindu. He got separated from the 1st wife around 35 years back and married my mother following all the socio-cultural rituals but without divorcing the 1st wife. He has been paying maintenance regularly to the 1st wife as per the agreement done earlier during his entire service period. Also 1st wife and his son who is also a govt servant and married has been living in father's ancestral land. The problem arose post his retirement as they filed a case against father claiming all the pensionary benefits. Following that all the parties decided to opt for an out of court settlement and made an agreement in front of a notary officer that father's pensionary benefits will be divided into three equal parts i.e father, 1st wife and my mother will get 1/3rd share each and family pension will be shared by two wives equally. Accordingly father already paid 1/3rd of gratuity amounting around 5 lacs to the 1st wife. Also he named both the 1st and 2nd wife in the list of nominees to avail the family pension benefits. And as such they withdrew the case. But now again the 1st wife wants to be the sole nominee of family pension however she has not approached the court as yet for the same. It is worth mentioning here that my mother has been living with father and taking care of him since then. Due to this my father is still struggling to get his monthly pension dues although he agreed to give 1/3rd share of his pension amount to 1st wife. Father in no case wants to deprive my mother of family pension benefits with whom he shared most of his life.
So please suggest some legal or procedural ways regarding this. Thanks.
Since no divorce has taken place between your father and his first wife, for all legal purposes (whether she lives with your father, whether or not she took care of your father) his first wife is his WIFE and only she is entitled to the family pension.
Your father desiring that his second wife should get the family pension, is not supported by law.
