Grant of maintenance to wife by employer of Husband whether permissible?
HIGH COURT OF JUDICATURE AT ALLAHABAD
Order Date :- 18.1.2013
Case :- WRIT - A No. - 3065 of 2013
Petitioner :- Ritu Kumar Singh
Respondent :- Union Of India Through Secretary &Others
Hon'ble Rajes Kumar,J.
By means of the present writ petition, the petitioner is challenging the letter dated 30.10.2012 issued by Assistant Record Officer informing the decision taken by the Headquarter, Western Command sanctioning the maintenance allowance @ 27.5%, which comes to Rs.6,857/- per month on the application of the wife of the petitioner, Smt. Jaishree. It appears that some matrimonial dispute is going on between the petitioner and his wife. Wife has filed a suit for maintenance before lower court, which is pending.
Learned counsel for the petitioner submitted that in the suit, written statement has also been filed but he admitted that no order for maintenance has been passed in the said suit. He submitted that once she has filed the suit for maintenance in Civil Court, her application for maintenance before the authority concerned was not maintainable. Authority concerned has illegally entertained the application and directed for the payment of maintenance at Rs.6,857/- per month.
Order Date :- 18.1.2013
Case :- WRIT - A No. - 3065 of 2013
Petitioner :- Ritu Kumar Singh
Respondent :- Union Of India Through Secretary &Others
Hon'ble Rajes Kumar,J.
By means of the present writ petition, the petitioner is challenging the letter dated 30.10.2012 issued by Assistant Record Officer informing the decision taken by the Headquarter, Western Command sanctioning the maintenance allowance @ 27.5%, which comes to Rs.6,857/- per month on the application of the wife of the petitioner, Smt. Jaishree. It appears that some matrimonial dispute is going on between the petitioner and his wife. Wife has filed a suit for maintenance before lower court, which is pending.
Learned counsel for the petitioner submitted that in the suit, written statement has also been filed but he admitted that no order for maintenance has been passed in the said suit. He submitted that once she has filed the suit for maintenance in Civil Court, her application for maintenance before the authority concerned was not maintainable. Authority concerned has illegally entertained the application and directed for the payment of maintenance at Rs.6,857/- per month.
https://www.lawweb.in/2013/12/grant-of-maintenance-to-wife-by.html
