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KAPIL GRADE   03 August 2018

vacation of govt quarter

I have a divorce case running.

my wife has occupied the govt quarter which was on my name.

she is not ready to vacate the same even i was transferred from that place.


kindly give suggestions what can I do to vacate the same.


Learning

 7 Replies

KAPIL GRADE   03 August 2018

madam, what reply should I give to my department as of now.?


they are giving me warning letter and telling me to vacate it?

they are telling that we have given it to you and now it is your responsibility to vacate it?

Kumar Doab (FIN)     03 August 2018

Act in accordance with rules of establishment

e.g;

Central Government General Pool Residential Accommodation Rules, 2017

14. Period for which allotment subsists

Keep irrefutable record that you informed your estarnged spouse to join you at place where you are transferred.

 

Kumar Doab (FIN)     03 August 2018

The cases of estranged wife are published in media and you may take cues e.g;

“Vacate govt accommodation: Delhi court to estranged wife of Omar Abdullah”

A Delhi court on Tuesday ordered Payal Abdullah, the estranged wife of former Jammu and Kashmir chief minister Omar Abdullah, to vacate the government accommodation allotted to Omar in the national capital.

INDIA Updated: Aug 16, 2016

 

“Estranged wife of Colonel to share penalty for not vacating quarter: Supreme Court”

A bench of Justice Anil R Dave and Justice Adarsh K Goel held that the estranged wife shall also have to bear half of the total rent amount.

Written by Utkarsh Anand | New Delhi | Published: November 11, 2015

Kumar Doab (FIN)     03 August 2018

Also pick up relevant points of facts are similar in your  case;

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6450 OF 2017 (Arising out of SLP(C) No.4385 of 2017) SAMIR VIDYASAGAR BHARDWAJ ...Appellant Versus NANDITA SAMIR BHARDWAJ ...Respondent

J. [KURIAN JOSEPH] . J. [R. BANUMATHI] New Delhi; May 09, 2017

Kumar Doab (FIN)     03 August 2018

Originally posted by : Adv Kamakshi (Nellore)



Originally posted by : KAPIL GRADE



madam, what reply should I give to my department as of now.?they are giving me warning letter and telling me to vacate it?they are telling that we have given it to you and now it is your responsibility to vacate it?





You inform them that you have filed for divorce and your wife is unwilling to join you at new place where you are transferred.  The department will take measures to evauacuate the quarters on their own or will simply levy rent for occupying 2 houses, one occupied by wife and one occupied by you in new place wehre you got transfer.

If they have told to vacate the quarter, then you get some goons and throw her out along with the saamaan, you will have to manage local police a bit, but that is fair.  Thats the only way out.  If you wait for civil court to pass orders to get your wife vacated, it will happen after 20 years.

Or take exparte divorce by hook or crook and once yuo get the divorce orders wait for considerarble time, and then send certified copy of it to your department that yuor wife is no more your headache.  Deaprtment will get the quarters vacated in no time once they see your divorce decree.

Please do not follow Shri Kumar Doabs advice, he is neither a advocate nor a legal advisor.

Being a government servant gondagardi shall fetch you disciplinary action.

Don't follow any advise in any thread by above postor and tell one and all also, to do so.

 


(Guest)

I agree with practicel advice of Advocate Kamakshi gaaru.  However I do not propogate method Shri Kumar Doab asked you to folow, who is not even a lawyer.

KAPIL GRADE   03 August 2018

Thank you all

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