Can husband's provident fund be divided and shared with wife
My husband is going to retire from govt organization, he gonna get all his PF, now he is telling he is not going to give and will spend as he likes, i am little worried my future, and he is hard core drinker, spends money like water, pl suggest how can i get my share, if at all any way.
Asked in Family Law from Visakhapatnam, Andhra Pradesh
1) you have no share in your husband provident fund dues
2) if your husband refuses to maintain you then you can move court and seek maintenance from your husband .
3) you can file domestic violence case seek maintenance , right to stay in matrimonial home and other reliefs
1. You have no share in the PF or any other movable property of your husband during his lifetime. If it is his money he can use or burn it.
2. If he does not provide you sufficient finances then you may sue him for maintenance to get the required amount of financial support.
1. You have no right on the moveable and immoveable property of your husband during his lifetime,
2. However, you can claim maintenance from your husband by filing a petition before the Court,
3. In that case your husband shall have to pay you the ordered amount all through your life and till he lives.
you have no right on his PF and share,
there is no way until and unless you file a maintenance case against him before court.
Advocate, New Delhi
wife has share in husband's property. PF is treated as property of employee [state of jharkhand vs jitendra srivastava] you should give an application to the head of the organisation that divide the post retirement benefits into two parts because of his conduct. in Prabir Banerjee vs.Union of India it is held by the supreme court that high court has no power to divide post retirement benefits but executive has right to do so.
you may file application under section 125 crpc for maintenance then court may order to give you some portion of PF for maintenance.