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Rupam Ghosh (In practice)     15 October 2012

Wife's claim

Dear Friends,

Please highlight your valuable opinions regarding what is a first legally wedded wife's right over the retirement benefits of her ex-husband when she has not remarried and her ex-husband living happily in second marriage, is likely to get huge benefits out of his employment.

Adv Rupam Ghosh 



Learning

 4 Replies

Tajobsindia (Senior Partner )     15 October 2012

1. Very tricky this stage he has fallen into inspite of living happily into his second marriage.
2. Law of civil and criminal maintenance are based on larger public policies and if divorced wife remained un-married she can always open up earlier divorce decree under "change of circumstances" stating cost of living, change of residence city post divorce, her medical needs, she remained un-married, no shelter as to same status as her ex husband, no worthwhile income to self sustain, her mother in medical mess now-a-days etc. etc. are bullet facts with which under “change of circumstances" the Court my consider by way of an "just public policy" Order sharing of retirement benefits of her ex husband. Such opennign of cases I have discussed with citations some years back when my LCI membership was approved I think wayback in late 2010 / early 2011 search those citations under my forum post messages to know thyself how correct I was then.

Now, for some of the above reasons I have been telling here in LCI no. of times to all fellow male queriests, never ever hurry for MCD or plain vanilla divorce,  always ensure that just before your divorce your soon to be ex-spouse is “fixed up” with a new bakara so that para 2 cannot be raked up by her till her life time of alleged to be spinster life thy name larger public policies she claims to be leading.

Now, it amuses me, you being fellow ld. brother may know better all these public policies than what I need to expand on questioned facts
J 

Sanjeev (Lawyer)     15 October 2012

she dont have any rights on any employment benefits

Adv. Chandrasekhar (Advocate)     15 October 2012

If she is indigent she is entitled to maintenance.  Till he is alive, she does not have any right on pension and gratuity.  And  after his demise, as per the existing law, she is the legitimater heir for family pension, but not second wife.

Rupam Ghosh (In practice)     17 October 2012

 

hi, Pls provide me a link to the  answers in your profile 


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