AI Overview...
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Wife Deserted and Living Separately - The wife and children of the deceased are living separately following a customary divorce, which is not legally recognized under the Indian Divorce Act. Nomination in service records, such as for family pension or gratuity, does not establish legal heir status; it is primarily for receiving terminal benefits. The first wife, who was receiving the family pension, was directed to protect the minor children's share, indicating their entitlement despite separation. Nandita Shil VS State of Tripura - Gauhati, P. Jayachandran VS A. Yesuranthinam (Died) - Current Civil Cases
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Family Pension and Minor Children - Under CCS (Pension) Rules, 1972, Rule 54(8), the family pension is to be protected for minor children, with the first wife managing the pension and ensuring the children's share. Even if the wife is living separately, her entitlement to pension benefits and her responsibility towards minor children are recognized. Nandita Shil VS State of Tripura - Gauhati
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Maintenance and Support - Courts have directed the husband to pay monthly maintenance (Rs. 7,000 to wife and Rs. 5,000 to minor son), with petitions seeking higher amounts. The husband's attempts to deprive the wife of benefits through legal subterfuges are not accepted. Maintenance and support are recognized as the wife's and children's rights, regardless of separation status. Gunjan VS Gaurav Kumar Bhatia - Punjab and Haryana
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Legal Heirship and Nomination - Nomination in service records does not confer legal heir status. The separation following customary divorce complicates inheritance and benefit claims. The second wife’s claim to gratuity or pension benefits is contested if the first marriage was not legally dissolved. The legal recognition of relationships is crucial for entitlement to benefits. P. Jayachandran VS A. Yesuranthinam (Died) - Madras, P. Jayachandran VS A. Yesuranthinam (Died) - Current Civil Cases
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Compassionate Appointment and Probate - In cases where a government employee dies in service, the widow may be eligible for compassionate appointment, subject to consent and legal procedures, including probate of the will if applicable. The absence of probate or legal dissolution of marriage affects entitlement claims. Manipriya Deb Barma, Wife of Late Nagendra Deb Barma VS Union of India, to be represented by the General Manager, North East Frontier Railway, Maligoan - Tripura, Manipriya Deb Barma, Wife of Late Nagendra Deb Barma VS Union of India, to be represented by the General Manager, North East Frontier Railway, Maligoan - Tripura
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Desertion and Living Arrangements - A daughter deserted by her husband and living with the deceased's family may still be eligible for support or benefits, especially if living separately without assistance from the husband's second wife or family. The living arrangements and separation status influence entitlement to pensions and gratuity. District Educational Officer, Cheranmahadevi at Tirunelveli VS M. Muthu - Madras
Analysis and Conclusion:
In cases where the wife has deserted and is living separately, her entitlement to pension, gratuity, and support depends on legal recognition of her relationship with the deceased. Nomination alone does not establish legal heirship, especially in the context of separation or customary divorce. Courts emphasize protecting the rights of minor children and ensuring their share of benefits, regardless of the separation status of the parents. Claims by second wives or other relatives are subject to legal validation of marriage and dissolution status. Overall, legal procedures such as probate, divorce, and proper nomination are critical for determining entitlement to pension and gratuity benefits.
Search Results for "Wife Deserted Living Separately Seeking Husband s Pension Gratuity"
2009 0 Supreme(Gau) 290 • India - Gauhati
UTPALENDU BIKAS SAHA
The first wife of the deceased was receiving the family pension and the petitioners claimed their share. ... The court directed the first wife, who was receiving the pension, to protect the share of the minor children as they were entitled ... Family Pension - Entitlement of Minor Children - CCS (Pension) Rules, 1972 - Rule 54(8) - Summary of Acts and Sections: CCS (Pension#HL_....
2015 0 Supreme(P&H) 1958 • India - Punjab and Haryana
TEJINDER SINGH DHINDSA
The husband was directed to pay a monthly sum of Rs. 7,000 to the wife and Rs. 5,000 to the minor son. ... The wife and son filed a revision petition seeking enhancement of the maintenance to Rs. 50,000 per month. ... per month for the wife and Rs. 10,000 per month for the minor son. ... In a proceeding of this nature, the husband cannot take subterfuges to deprive her of the benefit of ....
2021 0 Supreme(Tri) 53 • India - Tripura
AKIL KURESHI, S.G.CHATTOPADHYAY
Railway Services (Conduct) Rules, 1966 - Rule 21(2) - Peon in office - Died in harness - Compassionate appointment - Husband ... her consent/no consent in case she was offered - Whether she filed any Probate case for probate of Will allegedly executed by her husband ... Petitioner was asked by official respondents to inform whether she filed any Probate case for probate of Will allegedly executed by her husband ... They asserted in their CA....
2021 0 Supreme(Tri) 68 • India - Tripura
AKIL KURESHI, S.G.CHATTOPADHYAY
Railway Services (Conduct) Rules, 1966 - Rule 21(2) - Peon in office - Died in harness - Compassionate appointment - Husband ... her consent/no consent in case she was offered - Whether she filed any Probate case for probate of Will allegedly executed by her husband ... Petitioner was asked by official respondents to inform whether she filed any Probate case for probate of Will allegedly executed by her husband ... They asserted in their CA....
2024 0 Supreme(Mad) 2244 • India - Madras
RMT. TEEKAA RAMAN
22) ... ... (D) Evidence - Nomination in service records does not confer legal heir status; mere description as 'wife ... Stella and five children are living separately after the said customary divorce. ... So Ex.B17 to Ex.B21 relating to nomination for the Special Provident Fund cum Gratuity Scheme, nomination for the Family Pension ... upon their relationship Arulmozhi nominated him for the special pr....
2025 Supreme(Online)(CAT) 10268 • India - Central Administrative Tribunal
VARUN SINDHU KUL KAUMUDI, AM
appointment and terminal benefits after considerable delay - The case relates to a dispute over the denial of death cum retirement gratuity ... The applicant contended the illegality of appointing benefits to the second wife of the deceased employee and claimed her rights ... She contended that the second wife had no valid claim since the first marriage had not been legally dissolved prior to the second ... The applicant had married Sri Sab....
2008 0 Supreme(Mad) 705 • India - Madras
S.MANIKUMAR
respondent rejected the request on the ground that there is no provision to provide employment to the children born through the second wife ... Subbulakshmi and after attaining majority, she got married on 5.3.1999, and living separately with her husband. ... Selvi also gave a letter, stating that after marriage, she is living separately with her husband, who is self-em....
2024 0 Supreme(Pat) 172 • India - Patna
HARISH KUMAR
of petitioner's husband attributable to Military Service – Petitioner's husband was a Sepoy in Indian Army – He went missing from ... fulfills conditions prescribed under Section 11 of CPC – In earlier round of litigation, petitioner had filed the writ petition seeking ... Pension Regulations for the Army, 1961 (Part-I) – Para 213 – Special Family Pension and Ex-gratia – Death ... DCR Gratui....
• India - Current Civil Cases
RMT. TEEKAA RAMAN
Customary form of divorce is not recognized under Indian Divorce Act – ”Live-in-relationship” cannot loom large into legal status of husband ... and wife – Nomination in service records is only for the purpose to receive terminal benefits by the person – Merely because that ... Stella and five children are living separately after the said customary divorce. ... So Ex.B17 to Ex.B21 relating to nomination for the Special Pro....
2015 0 Supreme(Mad) 2456 • India - Madras
S.MANIKUMAR, G.CHOCKALINGAM
The Government also direct that a married daughter who is deserted by her husband and living with the family of the deceased Government ... Mayandi, son of the first wife, was living separately and that there was no assistance or support to the family of the 2nd wife of ... Mayandi was living separately and that there was no assistanc....
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