Family pension - first wife has name
1 year ago
My mother's pension in not making because first wife has name in the service my mother's name is not . My father is no more ... head office denied to make oenison they said only first wife can take. We don't know where is the first wife is.. plz help soon this case
A.Dear Sir,
Immediately file a Civil suit in the Civil Court claiming pensionary benefits to your mother and paper publication may be taken against 1st wife and thus she may be placed ex-parte and you may get favorable orders.
Immediately file a Civil suit in the Civil Court claiming pensionary benefits to your mother and paper publication may be taken against 1st wife and thus she may be placed ex-parte and you may get favorable orders.
Helpful
Helpful
Share
A.Dear Client
As per the rule only the first wife has the right to the family pension and not the second wife unless the second marriage is legally valid and first wife is no more. In case the first wife is not traceable then lodge a missing complaint with the police and after that reach to them stating the fact that first wife is missing or no more hence the family pension should be given to the second wife ( if the second marriage is legal).
If they do not pay then you can file a writ petition in the high court.
As per the rule only the first wife has the right to the family pension and not the second wife unless the second marriage is legally valid and first wife is no more. In case the first wife is not traceable then lodge a missing complaint with the police and after that reach to them stating the fact that first wife is missing or no more hence the family pension should be given to the second wife ( if the second marriage is legal).
If they do not pay then you can file a writ petition in the high court.
Helpful
Helpful
Share
A.Dear Client,
The Court noted that Second wife (widow) can be granted family pension, in those cases, where more than one marriage is permissible under the applicable personal laws of the deceased employee and not otherwise. This will happen only if Muslim Law is applicable for you.
On August 5, 2022 Court has observed that the second wife of a deceased employee is not entitled to family pension under the Central Civil Services Pension Rules and Second wife is not entitled to deceased husband's pension if first marriage not legally dissolved.
If the first wife is dead, only then you can try getting pension for your mother.
The Court noted that Second wife (widow) can be granted family pension, in those cases, where more than one marriage is permissible under the applicable personal laws of the deceased employee and not otherwise. This will happen only if Muslim Law is applicable for you.
On August 5, 2022 Court has observed that the second wife of a deceased employee is not entitled to family pension under the Central Civil Services Pension Rules and Second wife is not entitled to deceased husband's pension if first marriage not legally dissolved.
If the first wife is dead, only then you can try getting pension for your mother.
Helpful
Helpful
Share
Read Related Answers
Sapinda relationship
Dear Client,
Under the Hindu Marriage act marrying within your pinda ie Sa- Pinda is prohibited under the sec 5 of the Hindu Marriage Act for the reason that the biological offspring would be genetic...
Is any legal obligation for me to share the property within my brothers and sister
Dear Client,
All children of your parents have a right to equal share in the property regardless if it is a male or a female but only in the circumstance of a partition or will or when died intestate...
My parents trying to control my life they want to control me like papate.
Dear Sir/Madam
If you have attained age of majority then you may stay away from your parents with your independent income and intimate them by issuing a legal notice.
Money fraud done by brother
Dear Client,
In the given situation, when you are an independent working woman, nothing can prevent or restrict you from walking out of your home to look for the destiny of your choice. You have the...
Inquiry Regarding Maintainability of GWOP Case
Dear Madam
GWOP is to be filed where children physically resides or physically goes and attendance school otherwise it is not maintainable on the ground of territory
Read Blogs on Family
Family Lawyers
Find Lawyers by Location