23years separately living wife withdrawing 50percent money from joint

794 votes

hello, As the divorce case is already disposed of, and the interim maintenance order was passed in 2006, your wife may not have legal grounds to continue withdrawing 50% of your pension unless a specific court order allows it. You should immediately verify whether any final maintenance or alimony order was passed. If no such order exists or the existing order has not been updated to reflect current pension deductions, you can approach the Family Court or the appropriate civil court to challenge the deductions. You may also write to the pension disbursing authority with supporting documents showing that the case has been disposed of and seek a stay or clarification. If needed, file a petition under Section 127 of CrPC to modify or cancel the order. It is advisable to consult a family lawyer with full documents for proper legal remedies. kindly contact me for further discussion. thank you

Advocate Pallavi Saha LawRato

657 votes

With the copy of divorce decree approach before pensioner department and file an application for removing her right from your pension. With the copy of application approach bank. Make an application to the branch manager who can initiate a process of removing her from your pension joint account. From the date of divorce decree she is no more your wife. She has no right over your pension from that day. You can even claim the amount she has withdrawn along with interest. You can file a suit before family court also addressing your grievances.

Advocate Arnab Maiti LawRato