Muslim Family Pension
3 years ago
Muslim Family Case:
1) A second wife ( no children) of deceased and retired government teacher is denied the share in pension by the AG Office, Jharkhand Govt. While the first wife is getting the pension and she is having adult and married childrens.
Note: AG Office has sent the official letter to the second wife stating that she is not entitled to receive pension as per their pension rules because second wife has no legal identity.
2) Whether second wife will get share in the ancestral and self acquired immovable property ( lands & house) of deceased husband or not?
DIYAVARHUSSAIN SHAIK
Responded 3 years ago
A.Dear Client,
As per Muslim Law, Second wife is also a legal wife , as per shariat prevailed you have every right to get the share in the pension and other immovable properties of your husband. Better to challenge the AG orders in the respective High Court'
As per Muslim Law, Second wife is also a legal wife , as per shariat prevailed you have every right to get the share in the pension and other immovable properties of your husband. Better to challenge the AG orders in the respective High Court'
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A.You may b approach the Tribunal or High Court to get all the benefits since second wife of a Muslim is also a legal wife .
Please give me RANK FIVE {5} if my this answer satisfies you.
Please give me RANK FIVE {5} if my this answer satisfies you.
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A.Hi, Contact a lawyer with your marriage documents like nikahnama and with other documents.
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Devesh Tripathi
Responded 3 years ago
A.AG OFFICE HAS DONE WRONG IN SENDING SUCH LETTER AS MUSLIM RELGION ALLOWS MORE THAN ONE MARRIAGE AND BEING SECOND WIFE YOU ARE ENTITLED TO GET THE SHARE IN PENSION.
YOU GIVE A REPRESENTATION TO CONCERNED AUTHORITY AND THEN FILE WRIT UNDER ARTICLE 226 IN STATE HIGH COURT AS ARTICLE 14 OF CONSTITUTION OF INDIA PROVIDES EQUAL STATUS IT READS AS UNDER :
Article 14 of the Constitution of India reads as under: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India
CONTACT A LAWYER WHO IS PRACTICING IN HIGH COURT OR ANY LAWYER WHO CAN PLACE YOUR CASE / FILE YOUR CASE IN HIGH COURT
YOU GIVE A REPRESENTATION TO CONCERNED AUTHORITY AND THEN FILE WRIT UNDER ARTICLE 226 IN STATE HIGH COURT AS ARTICLE 14 OF CONSTITUTION OF INDIA PROVIDES EQUAL STATUS IT READS AS UNDER :
Article 14 of the Constitution of India reads as under: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India
CONTACT A LAWYER WHO IS PRACTICING IN HIGH COURT OR ANY LAWYER WHO CAN PLACE YOUR CASE / FILE YOUR CASE IN HIGH COURT
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