Legal Question in Family Law in India
I have asked for a situation and I got the answer also...sir one thing I want to mention in my case that as I am a divorcee my husband was in police department. We took divorce after 14 years of our marriage in the year august 2014 on mutual understanding...sir i didn't ask for any alimony and at last it is also mentions in my divorce paper that I will be bearing all my expenses in future. Sir my husband expired on January 2016. He wanted me to remarry him. He was an routine alcoholic, so it was tough for me to take any decision again for the same after divorce. Sir he didn't produce any paper of divorce in his service recored. Hence I m the nominee there. There in his service record it is mentioned that my nephew means my brother in law's younger son is nominated after me in case my husband dies or he becomes mentally challenged or if he takes divorce from me. But the point is he didn't produce the paper of divorce in his service record. My husband's parents are no more. All his brother and sisters are married. The office denies to give any benefit to me after my husband. After going through my case plz advice me for if I can claim for final settlement of my husband's provident fund and other things.
1 Answer from Attorneys
1) If u obtained divorce decree from court, without disclosing to his employer,
claiming as wife will be a criminal offence.
2) Nomination to other is only a trusteeship.
3) U can challenge it in court immediately, if u were not given any one time alimony
and bring injunction against payment of his terminal benefits.
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