My wife have been living separately for the last two years. After I retired from the army, I gave her over Rs 70 lakh with which she bought a flat and settled down in Dehradun, her home town. I have given her all the household items and kept only a few personal items for myself. I also give her 70% of my monthly pension which amounts to Rs 46,000/- every month. Our children are adults hence there are no child custody issues. * I need to get a divorce from my wife to marry someone from my own tribe and community My wife and I want to a divorce by mutual consent and I don't want her to undergo financial problems after our divorce and will continue to give her 70% of my monthly pension. I also want her to avail of the army family pension after my death. 1. Is there any way that I can ensure that , even after divorce, she will get the family pension after my demise? 2. Is it possible to have a legal arrangement NOW for future new wife to give the family pension to my divorced ex wife after my death so that it facilitates the Mutual divorce procedure? 3. Is it relevant that my future wife and I belong to the same tribe (ST) whereas my present wife is not a tribal? The point is to have a mutual divorce to remarry, at the same time ensure my exwife does not undergo any financial hardship by giving her the army family pension even after my death which she deserves for being with me for 31 years in the Army. My future wife would also want this arrangement. I know the legal implications of ex wife not being eligible for family pension, and the need to divorce the first wife before I remarry. The motive here is benign in that the ex wife should benefit and be free to lead her life as I would also be free to lead mine in peace. Please give me solutions.
There is no way you can ensure that your divorced wife gets family pension on your demise
2) it is immaterial whether your present wife is tribal or not
3) any such agreement wherein future wife agrees to give ex wife family pension would be un enforceable as only legally wedded wife can get family pension
Hi
Sir this is a repeated question.
Earlier also it was mentioned that she would not be liable for pension after your death if you divorce her.
As per your description you want to make sure that you want her to be financially sound after divorce then you can give her some lumsum amount in form of FD or something.
Either you can invest in some private pension scheme for her.
Thanks
Dear Sir,
You can give a right to your wife to get pension of you even after she gets divorce. she is entitled for family pension after your death.
1.If she is not your wife after demise they may not grant her pension solely.
2.You can seek a consent term in the mutual divorce but the same will not hold water as it's against the provisions of law.
3. No
You can give her a lumpsum amount during the divorce to secure her in future
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
No condition can make your ex wife eligible for the family pension,
And you very well know that
In India wife is entitled to pension of husband from
government job only if the family pension option was
available and opted by the government employee
husband. The name of wife added in the official record for the purpose of family pension,
If after the husband who obtaining divorce from the
court had not informed and got the name of the wife
removed from the official records and after his death she claims it than unless the objection raised by the heirs of the deceased man the government will pay part of the family pension to the divorced wife which otherwise legally she is not entitled.
1. The divorced spouse is not entitled for family pension, there s no provision in law for that.
2. You cannot deprive the new incumbent wife of her legal rights, if you want to do something for your ex-wife after your demise, you may make any other arrangement than this.
.3 The question is not about the relevancy, you have already legally married yor current wife, now you want to divorce her for the reasons you may rely upon. This has no relevance to the pension or family pension issues.
After divorce, she has no right but your new wife will get pension. Neither NOC of new wife has any value.
3. NO
Only arrangement possible that your second wife will receive pension and will transfer to X wife. Which is rare possibility.
1. No. After your demise, your next wife will be entitled to family pension or widow pension.
2. Atleast yopu can not legally ensure that your widow will forego her pension in favour of your divorced wife.
3. The caste of your present and future wife is of no consequence in the instant matter.
4. You can agree for one time settlement toeards her maintenance while filing and availing mutual consent divorce now.
1. Though your wife will remain entitled to maintenance after her divorce from you, she will not more eligible to get family pension and only your second wife will be held to have that right.
2. For eligibility of family pension there is no requirement to have same caste, creed or relgion for your second wife.
3. So to ensure future of your ex wife you can bequeath all your properties through Will.
The solution for your re marriage without disturbing any financial loss to your first wife.to go for MoU and in MoU there are terms and conditions are written accordingly both's wish so here first you should prepare legally MoU agreement.
If you want you can draft a Legal MoU for you till it get finalised by both of you. Maximum number of amendment are allowed.
1. Divorced wife will not be entitled to the pension after your demise if you remarry your second wife may claim same.
2. See such agreement cannot be enforced on the second wife.
3. No it is not relevant.
See you can make a will and on your demise give some more amount to her and your kids though pension is something for which as such no arrangements in this can be made. If second wife agree she may after your demise keep sending it to her.
After my demise, if my second wife is ready to transfer my family pension to my divorced ex wife, can a legally binding document signed by the future wife be admissible for grant of mutual divorce? Will such an MOU be admissible in a family court?
See on this legal contract cannot be made even they both can make a agreement it cannot be enforced since she is not entitled to.
Yes, MOU is understanding between husband and wife so court will accept it when you both already accepted.No issue in it at all.
Inspite of MOU your second wife cannot be forced to transfer family pension she is entitled to your first wife on your demise
1. Don't send notification for divorce to your department and if you send the notification of divorce to your department then you can also send letter that your ex wife will remain nominee for pension even after divorce.
2. You can send letter for distribution of pension between ex wife and current wife in case you marry again.
The family pension can be granted only as per pension rules and laws and not on your fancies and whims.
No such MOU or an agreement between your future wife and the ex wife shall be maintainable and ther is no provisions in law for that.
Dear Sir,
Yes, such MOU admissible in family court.
In Pension Rules MOU is not maintainable.Your Wife cannot transfer her family pension to your ex wife.
If you divorce her she doesn't have any rights over you except which you give her at the time of taking divorce. Therefore either don't divorce her or live with your partner without divorcing her. Family pension goea to teh family. She was once a part of your family. But what about your second wife.
Your future wife may be of any religion or teibe it doesn't matter.
Give her a part of your pension as before. A lump sum amount could be provided to her at the time of your death.
These issues cannot be settled on the basis of agreements. Once you die the nominee gets the pension and it cannot be transferred.
1. Divorced wife is not entitled to family pension after the demise of her ex-husband.
2. Mother, present wife, unmarried daughter etc. are entitled to the said family pension.
3. The MOU to be executed by your wife for your insistence will not be binding on her and she might refuse to comply with it stating that it was executed under your pressure. It is not a contract with consideration flowing from both the sides for which its specific performance can not be demanded as per law.
If she is ready then she can withdraw and give it to her. You can execute a agreement or mou but it will be her discretion to give it to her
Hi
MOU will be admissible in family court but i think would not be admissible in the department which have to pay the pension.