Regarding Army pension Regarding Army pension

3 years ago

In 2005 my mother and father got divorced. My father was retired from Army in 2009, In Army records still, my mother name is there as nominee. Recently 21st Nov 2020 my father passed away. All the original documents of my father is with his 2nd wife , she is not giving the originals to us. Now when we went to Zilla Sainik office to apply for pension for my mother with the attested documents , they are asking originals documents. How to proceed ?

DIYAVARHUSSAIN SHAIK

Responded 3 years ago

A.Dear Client
As per your inputs your father got second wife, if her marriage is not agreed by your mother, and not registered then the marriage with her illegal and not valid in the eye of law, you file a complaint before the head quarters of your father regiment stating that the original copies are with that lady who is not a legally wedded wife, simultaneously you file a complaint against her to hold the certificates with her
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You can serve her with legal notice to produce the originals. A Court order can then be granted ordering her to produce the originals.
However, there is a good chance that the second wife will get preferential treatment.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hi,
You can serve her with legal notice to produce the originals. A Court order can then be granted ordering her to produce the originals.
However, there is a good chance that the second wife will get preferential treatment.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMuslim will validity
Dear Client, Regardless of the self acquired property a muslim woman is entitled to provide only 1/3rd of her property to her grandchildren, a total of only 1/3rd this could be in lesser portion as p...
question iconMuslim Bigamy
Dear Client, This law validates polygamy for Muslim men in India. A Muslim man can legally have up to 4 wives at a time, as granted by the Quran. However, he must have the capacity to treat all wives...
question iconProperty Rights according to Islam Law
Dear Client, Wa Alaikum Assalam Warahmatullahi Wabarakatuh! I understand your concern regarding the ownership of the property left by your father (Dasthakir). To clarify the ownership and facilitate t...
question iconInheritance of property
Dear Client, The first wife and children can't claim the self-purchased property of the second wife until and unless the second wife has inherited the said property to them by will. Thank You.
question iconReligion Change
Dear Client Before initiating the conversion process, it is advisable to gain a comprehensive understanding of the beliefs, practices, and principles of Islam. You can do this by studying the Quran, v...