LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ABHI_POST_DIVORCE-498A (ADMINISTRATIVE OFFICER)     31 January 2016

Can majistrate order rent to wife earning 38,000 govt. servi

Dear Sir/ Madam,

                          Though maintainance usually not be ordered to Govt. Service wife earning Rs. 38,000/- but can Majistrate order monthly rent to such wife ?  Since rent also comes under the purview of word "maintainence" I have dilemma in mind whether it shall be ordered or not .

                          In this regard please provide your valuable suggestions/advices .



Learning

 9 Replies

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     31 January 2016

yes can but it depent upon situation and position and other factor whether any one can get maintenance or not 

KIshan   31 January 2016

Ideally it should not be ordered as decided by HC Delhi in the case of Ranjana Gupta vs  Rajnesh Gupta CRL REV.  P.637/2013 but God knows what will be decision in your case.

laxmi kant joshi (instructor)     31 January 2016

Generally not, but if your earning is to much more in comparison of your wife and the living standard was very high before dispute only then court can grant her maintenance otherwise not, if you have child and the same is living with her then you have to pay maintenance for your child.

jagannath magar   01 February 2016

If you are not satisfied by court order file revision petition

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     01 February 2016

1) Rejecting the contention that only a woman who is on the verge of starvation and destitution is entitled for interim maintenance, the court said the amount of maintenance should be such that the wife is able to live in reasonable comfort considering the status and lifestyle she had while living with her husband.

 

2) In a recent judgment, Metropolitan Magistrate Monika Saroha said: “It is not only to prevent destitution and vagrancy of the complainant (woman) that interim maintenance is awarded, but also to be awarded where the wife has become used to a certain standard of living by virtue of her marriage with a man of means so she should not be suddenly deprived of the said luxuries to which she has become used to.”

 

3) “Interim maintenance is also awarded to ensure that during the pendency of the proceedings, the wife is able to maintain the same standard of living which she was used to, in her matrimonial house because of the earning of the husband,” the court said.

 

4) Notwithstanding the quantum of earnings of wife as contended by u, various factors are considered before awarding montly rent.

FightForCause (Businessman)     01 February 2016

U need to fight for it in lower courts...

They dont use much mind , so u have to feed them real good.

Tell the Judge HRA( House Rent Allowance ) is a component which govenrment provides her in her income, she cannot ask the same component from you through court. And if that is the case, she should inform the governemnt that husband is paying rent so she dont need HRA.

Many govt. employees get govt. quaters , so ask ur wife to apply for it if not so, or manage herself by HRA.

 

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     01 February 2016

repeated

FightForCause (Businessman)     01 February 2016

What is repeated Dr Katta.

Vinayak   01 February 2016

Dear ABHI_Post_498a (original question poster)

IMHO, A well earning wife, a wife who has deserted you without cause, a cruel wife (especially since you have addded 498a to your profile name) and / or IF she is government employed and getting housing support, should not be granted maintenance.

There are MANY cases to come to your rescue. If these cases do NOT fit your situation please check for more


1. Wife’s monthly net salary was Rs.56,682/-. NO maintenance to such a wife - Delhi HC
https://vinayak.wordpress.com/2012/01/19/wifes-monthly/


2. Woman earning equal 2 hubby does NOT get anything under DV. Neither maint nor residence !! Delhi Sessns court
https://vinayak.wordpress.com/2015/09/27/woman-earning-equal-2-hubby-does-not-get-anything-under-dv-neither-maint-nor-residence-delhi-sessns-court/


3. Doctor wife can’t sit idle & get maintenance! Let her work! Delhi HC ; Directed to work as a honorary Doctor in some public welfare institute or school free of charges where she can take care of health of the poor people.
https://vinayak.wordpress.com/2015/03/07/doc-wife-cant-sit-idle-get-maintenance-let-her-work/


4. ONLY daughter to get maintenance when wife is working. An IT Techie husband gets his justice @ Bombay HC
https://vinayak.wordpress.com/2015/02/06/25000-pm-for-daughter-only-when-wife-also-working-an-it-techie-husband-gets-his-justice-bombay-hc/


5. Well educated wife employed at Met Life and making Rs 50000 p.m. resigns, sits at home and claims maintenance in DV case !! Court rightly rejects the same
https://vinayak.wordpress.com/2015/01/25/well-educated-employd-wife-resigning-on-own-not-entitld-2-maint-in-dvcase-only-kids-maint-delhihc/


6. Woman caught in cross examination lying about DV & dowry Looses case, gets NO Money! Delhi MM court
https://vinayak.wordpress.com/2015/10/11/woman-caught-in-cross-examination-lying-about-dv-dwory-looses-case-gets-no-money-delhi-mm-court/

 

so continue with your fight

Keep updating us of your victories

 

regards

Vinayak

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query