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Pavya (Programmer)     11 February 2014

Regarding podgi

Hello Sir/Madam,

My Father have two wife. First wife is residing in her village with her son and second wife (My Mom) is residing with my father,me and my younger Brother.

Unfortunately my dad is expired on 16/01/2014 cause of hypertension given through my step brother (Court cases etc....).

My Father was working in BEST as a Bus Driver.

Now we are applying for PF and Gratuity amount But First Wife also have some part of PF and Gratuity amount.

But she was taking a podgi Rs. 900 Legally from year 2001 

So, Now my question is We have to pay some amount to her from pf and Gratuity found?????????

Is she legally a first wife(BEST Point of view)????????

Currently my mom means second wife is nominee in BEST.

What Law Says about Podgi??????????

 


 



Learning

 25 Replies

fighting back (exec)     11 February 2014

PODGI !!!!.???.......and you call yourself a programmer?  hehehe.....:P

it is maintainence madam. podgi manjhe maintaienence............if i am not wrong, you had raised this matter earlier in the forum and many experts have replied to your query.....right?

Pavya (Programmer)     11 February 2014

Yes Sir,

I know Podgi means maintenance.

But what is the complete rules regards Podgi.

Means i want to know details explanation.

ki podgi kadhi paryant dyavi lagte.

as Per my knowledge Podgi is not valid after death of either husband or wife.

doghan madhla Husband or wife konichi jari death zali tar te stop hota 

then in my case my husband means my father is expired then

First wife la kahi ajun pan authority aste ka?????????

fighting back (exec)     12 February 2014

Hi Pavya.

jevha paryant patnicha divorce hot nahi, kiva dusra lagna hot nahi, kiva tila dusara source of income nahi, tevha paryant potgi deyala lagte.

husband chi zar death zalli, tar bayko la tyacha property madhe share milto, tuzya case madhe, jar pahili bayko pasun divorce zaala nasel, tar fakta tich legally weded wife aasnaar, and second marriage je aahe, te void marriage aasnar.  first wife la property madhe share magnyacha aadhikar aahe, second wife la court madhe appeal karun, nominee kelya mule, share magu shakte.

but all this process will take a hell lot of time. it is better if both the ladies sit together and work out a solution to distribute the property among themselves. you will spend years and years in court litigation and pay endless amount of money to settle your case. this is my advice.

since this is a legally sticky situation as divorce has not happened and the husband has died leaving two wives behind. so the second wife will definitely go for an appeal and stay on your share.....

Pavya (Programmer)     12 February 2014

Ok Boss.....

Thanks a Lot For advice me..................

Shantanu Wavhal (Worker)     12 February 2014

second marriage is void and she is NOT wife in the eyes of law.

only the first wife is legal wife and has all the rights in her husband's property.

now children of SECOND marriage are also legitimate and they have all the rights on their father's property.

therefore, legal heirs = first wife + her children + children of second marriage.

Shantanu Wavhal (Worker)     12 February 2014

second wife MAY get some maintenance if she pursue court battle.

Pavya (Programmer)     12 February 2014

Yes Amit,

I agree,

But in my case Can second wife apply for pension legally???????????

fighting back (exec)     12 February 2014

 

@pavya......no problem, 

Shantanu Wavhal (Worker)     12 February 2014

no.

2nd wife having NO LEGAL status is NOT entitled to anything.

Pavya (Programmer)     12 February 2014

So,

how you can say like

second wife MAY get some maintenance if she pursue court battle.

I mean by which way or point??????

 

Please explain......:/

Pavya (Programmer)     12 February 2014

And My another question is

how first wife will be prove herself as a first wife of my father???????

Please explain......:/

fighting back (exec)     12 February 2014

Hi Pavya,

This is in response to your second question:

And My another question is

how first wife will be prove herself as a first wife of my father???????

Ans: you your self have answered your question in the following first query you raised in the forum:

Hello Sir/Madam,

My Father have two wife. First wife is residing in her village with her son and second wife (My Mom) is residing with my father,me and my younger Brother.

Unfortunately my dad is expired on 16/01/2014 cause of hypertension given through my step brother (Court cases etc....).

My Father was working in BEST as a Bus Driver.

Now we are applying for PF and Gratuity amount But First Wife also have some part of PF and Gratuity amount.

But she was taking a podgi Rs. 900 Legally from year 2001 

You your self have said that she has a son and most importantly, she is drawing 'podgi' which is awarded by the court. since the court it self has confirmed that she is the first and legal wife, hence it has awarded the 'podgi' so the answer lies in your own question.

fighting back (exec)     12 February 2014

with regard to your first question:

how you can say liked

second wife MAY get some maintenance if she pursue court battle.since you are the child of the secon d wife, as per your query, you might be having wedding proof of your parents by way of photographs and witnesses, and hospital certificate. you can claim  parenthood of your father through this evidence. she may get  maintainence , if you establish the fact that this person was the second wife.  but it alll depends how you argue your  case.

  dfgggs ssfafdhdhdhddd  as sssssss

Pavya (Programmer)     12 February 2014

Okies.....

assume that :-  The matter of PF and Gratuity is now solved through the mutal understating or may be settlement.

Second wife is a legal nominee in BEST.

Then another question is that

who are the eligible for the pension???????

First Wife or Second??????

Can second wife fight for the pension???


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