• Eligibility for share in retirement benefits of deserted wife

Wife left me in 1996, submitted petition for maintenance in 2009 after 15 years of her desertion, ordered to pay maintenance Rs.5000 per month in December, 2014, paying continuously.  Now, I am going to retire in the near future.  Is she eligible for a share amount of my retirement benefits? or not?  how to proceed if the court issues interim orders for share or stay on payment of my retirement benefits.
Asked 1 year ago in Family Law from Nellore, Andhra Pradesh, Andhra Pradesh
Religion: Christian
She can not claim any amount from retirement benefit if you pay regular maintenance allowance. Court can attach of retirement benefit if you default in pay maintenance.
Minansu Bhadra
Advocate, Kolkata
268 Answers
25 Consultations

4.8 on 5.0

1) Wife would only be entitled to maintenance not share in your retirement benefits 

2) court will not direct stay of retirement benefits to be payable to you 
Ajay Sethi
Advocate, Mumbai
35425 Answers
1964 Consultations

5.0 on 5.0

If the husband is alive then the wife has no share in the retiral benefit of the husband.
The husband once receives it can execute a Will so on his death the same may go to the person of his choice.
Well, the retiral benefits like PF anf Gratuity is immune from attachment from court.
So rest assured.
Devajyoti Barman
Advocate, Kolkata
9461 Answers
114 Consultations

5.0 on 5.0

Her only right is to receive maintenance which has been ordered by the court. No right to claim a share in retirement benefits accrues to her. 
Ashish Davessar
Advocate, Jaipur
21382 Answers
572 Consultations

5.0 on 5.0

1. she is not entitled to get share in retire benefits. 

2. you should apply for alteration in amount of alimony because you are going to retire. 

3. maintenance is given for the fulfillment of basic need and maintain her living standard as she lives in her matrimonial home. 

4. it never gives right of share in husband's ancestral or self acquired properties. 
Shivendra Pratap Singh
Advocate, Lucknow
4240 Answers
60 Consultations

4.9 on 5.0

Now, I am going to retire in the near future.  Is she eligible for a share amount of my retirement benefits? or not?  how to proceed if the court issues interim orders for share or stay on payment of my retirement benefits.

Since you are obeying the court order and paying her the monthly maintenance, she has no reason to get stay on availing your retirement benefits.  She has no rights in the retirement benefits. Any stay application filed by her in this regard is not maintainable. 
T Kalaiselvan
Advocate, Vellore
25450 Answers
250 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer