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Wife claiming for alternate accomodation

Hi experts

My case in brief,

Wife filed divorce u/s 13 1 ia, I filed RCR asking her to join back her matrimonial home. We have 1 yr old son

She filed HMA 24, maintenance for herself & Child. Since she is doctor & earning 25 k per month her maintenance rejected & passes 10 k for child. I m paying it regularly.

My salary ig 55k & after home loan EMi it comes to ~25K.

Now wife asking for alternate accomodation?

My question is

1) Is she eligible for Alternate accomodation when she is a doctor & earning 25k pm

2) Is she eligible for Alternate accomodation when i have filed RCR & ready ro accomodate her in matrimonial home 3)

3) On what grounds i should resist her application for alternete accomodation ?

Waiting for guidence

Thanks

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6 Replies

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EXPERTS....Waiting for your replies

Thanks

Sudhir Kumar, Advocate (Advocate) 07 April 2014

How the things went so wrong.

without facts of the case no proper advise can be given

Gautam Kapoor (IT professional Studying Law) 07 May 2014

Gagan - what is your lawyer doing?If you are already staying in a rented accomdation and paying nearly 50% of your salary for your son and you have aged parents to look after who need to be maintained as well ,their medical expenses and yours.

She being a doctor is earning 25000 plus 10000 not at all penurios.I think your lawyer needs to be questioned on this.

Gautam Kapoor (IT professional Studying Law) 07 May 2014

stay in dillipidated rented house and ask her to join you there meanwhile fighting her accomodation plea.

stanley (Freedom) 07 May 2014

@ author you have not stated the full facts .

1. Is your wife a doctor employed in hospital where she is getting a HRA etc . if so than her plea for a rented accommodation would not be granted as she is getting a HRA .

2. Alternatively as she is a working women she is not entitled to alternate accommodation .

3. Even if she files a Domestic violence case on you and you state that you are willing to keep her in your house than the court does not grant alternate accommodation . Only when you state that you dont want to keep her than a order can be passed to pay rent for an alternate accommodation in a DV case .