Can wife be awarded relief of rental acomodation despite hra

Do they have children? If yes challenging this order is just a foolishness as per law prevails the childrens maintenance is coexisting. If they Dont have the child then with all valid proofs challenge this order you have a great chance putting the stay on this maintenance.

It is clear case of not being represented properly by the respondent counsel.  The wife earning an equal and handsome salary along with very good HRA, it is pitiable that the counsel did not argue the matter properly with full details.  a revision or an appeal before the higher court will fetch you some relief.

It is a very good case to challenge & pray for setting it aside.

Thanks for quick reply.

Just to give more information.......

No, we DO NOT have any children. Separated since 1 year. 

1. Good. You wont have to pay maintenance for any kid,

 

2. Challenge the Order before the appellate Court.

Where on earth is your place? Have you got children? Has court given order on custody of children? In Government  service there are two types of HRA. In one case one submits rent receipt and claims HRA on  actuals basis subject to a limit. In the other no proof of rent payment has to be submitted. The Government servant only gives a certificate that he or she has incurred expenditure on rent and gets reimbursed on a flat rate

If the court orders and you give her rent amount and still she claims HRA,  disciplinary action can be taken against her,  which can extend up to dismissal from service. Of course if she is dismissed from service she can claim more amount as maintenance.

Most often cases are lost because the lawyer is not competent.