IMPORTANT POINT
Legal right to claim all status of nomination in pensionary documents – Right of a nominee will arise only after death of employee.

JUDGMENT

J.M. Khazi, J.—Being aggrieved by the Judgment and decree dated 16.01.2016 in O.S.No.65/2012 on the file of Prl.Judge, Family Court, Mysuru, whereby the suit filed by her came to be dismissed, appellant/plaintiff filed this appeal under Section 19 (1) of the Family Court Act, 1984 r/w Section 28 of the Hindu Marriage Act, 1955.

2. For the sake of convenience the parties herein are referred to as per their rank in the original suit.

3. In the said suit, plaintiff sought relief of permanent injunction to restrain defendant Nos.2 to 5 from disbursing retirement benefits to defendant No.1, till he makes arrangements for the residence and maintenance of plaintiff.

4. Briefly stated, the averments of the plaintiff are to the following effect:-

(a) Plaintiff is the legally wedded wife of defendant No.1, their marriage having been solemnised on 13.06.1986. After marriage, they led a happy married life. However, they are not having any issues. In view of dowry harassment, plaintiff filed a complaint against defendant No.1. Since he deserted and neglected her, she filed a petition for maintenance under Section 125 Cr.P.C in C.Mis.62/1999 which came to be allowed on 03.07.2001. Plaintiff’s petition for enhancement of maintenance in C.Mis.155/2005 also came to be allowed on 06.12.2008.

(b) Since defendant No.1 was a defaulter, plaintiff filed petition for recovery of maintenance in C.Mis.126/2011 under the provisions of The Protection of Women from Domestic Violence Act, 2005, which came to be allowed on 06.08.2012.

(c) Defendant No.1 is having illicit relationship with one Manjula. He is working in the Health Department. Being the legally wedded wife of defendant No.1, plaintiff is having a legal right to claim the status of nomination and pensionery benefits of defendant No.1. He is making attempts to change the nomination in his service records to deprive plaintiff from claiming retirement benefits. After his retirement, defendant No.1 is going to receive the monetary benefits from the office of defendant Nos.2 to 5. Hence, plaintiff is seeking permanent injunction against defendant Nos.2 to 5 from disbursing the retirement benefits till defendant No.1 makes arrangements for the residence and maintenance of plaintiff.

(d) After due service of summons, defendant No.1 has appeared and filed written statement to the following effect:

(i) Except the relationship with plaintiff, all other averments are denied. He has averred that he has been acquitted in C.C.No.1191/1999, which was a case registered for dowry harassment. The maintenance amount awarded is enhanced. Except claiming maintenance amount, plaintiff is not having any legal right to claim nomination in his service records. He is having a right to nominate any person of his choice as the nominee in service records.

(ii) Defendant No.1 alone is entitled to receive the retirement benefits. Since, the marriage between the defendant No.1 and plaintiff is subsisting, plaintiff has a right to claim only maintenance from defendant No.1 and no other rights. This Court is not having jurisdiction to try the suit and prays to dismiss the same.

5. Based on these pleadings, the trial Court framed the following issues:

1. “Whether the plaintiff proves that she is having legal right to claim all status of nomination in the pensionery documents of the first defendant?

2. Whether the court fee is not sufficient as contended in the written statement? (treated as preliminary issue)

3. Whether the defendant proves that this court has no jurisdiction to entertain this suit (treated as preliminary issue)?

4. Is the plaintiff entitled for the relief as prayed?

5. What order or decree?”

6. During the trial, plaintiff was examined as PW-1 and Ex.P1 to P10 were marked. Defendant did not lead any evidence. After hearing the arguments, the trial Court dismissed the suit by