Earning wife is dependent on husband or not?
ANSHUL JAIN
(Querist) 10 May 2018
This query is : Resolved
Hello,
I have a query.
1. Earning Wife is dependent on husband or not?
2. When wife is working on contract basis for a certain period then she is dependent on her husband or not (in terms of medical claim by husband)?
3. Suppose when there is no clause of medical reimbursement/ medical allowance in wife contract and she got admitted in hospital can husband claim medical expenses from his employer. And where husband employer rejected his medical bill on the basis that wife is working on contract basis and she is earning then she is not dependent on husband.
4. Need any court case decision/ reference in this regard.
Sudhir Kumar, Advocate
(Expert) 11 May 2018
you are not conveying the problem you have faced. You have not even indicated who your employer is.
You want court decision.
please stated facts of the problem, if any.
Ms.Usha Kapoor
(Expert) 11 May 2018
If wife is gainfully employed she i snot dependent onher husband. If she is making money to meet bare necessities husband has to pay her Medical bills etc as she i8s aco0ntractual employee. But recently the Supreme court held a landmark judgment that contractual employees should be treated on par with regular employees on equal pay for equal work. So their salaries are on par with regular employees., If her organization follows this policy of latest SC judgment wife need not depend on husband for her medical reimbursement,..Jagjitsingh Singh VS.State of Punjab and Others.
Guest
(Expert) 11 May 2018
Contractual or regular employee a spouse can be treated as as a part of the family. So, for the purpose of appropriate guidance, better come forward with the real problem and the earning capacity of your wife with the type of organization (Central/ State/ private) where you work.
P. Venu
(Expert) 11 May 2018
Husband and wife, even as per the service rules of the Government, are dependent on each other for the purpose of medical reimbursement irrespective of their earning capacity or financial status..
Kumar Doab
(Expert) 11 May 2018
You may obtain the published policy on medical reimbursement , forms that were submitted etc and if possible attach in Forum section ..............
Before attaching and evens ending .....erase all names/logo/address etc to maintain confidentiality....
Ms.Usha Kapoor
(Expert) 12 May 2018
i STILL STICK TO MY OPINION. EVEN IF THE WIFE IS HIGHLY QUALIFIED WITHOUT ANY EMPLOYMENT SOME SUPREME COURT JUDGES ARE RELUCTANT TO AWARD MAINTENANCE OR ALIMONY TO HER AS IT AMOUNTS ENCOURAGING LAZINESS ON HER PART.
Sudhir Kumar, Advocate
(Expert) 12 May 2018
Spouse is dependent howsoever much he/she may be earning for the purpose of medical cover accommodation /pension etc.
only children and parents are required to be shown as dependents for availing such facilities.
rather if both husband and wife are regular govt employee only one of them can avails medical/LTC facility for whole family.
Sudhir Kumar, Advocate
(Expert) 12 May 2018
Mr Kumar Doab has suggested hi to get the reimbursement policy. Had the person been capable of getting it he would not have been here.
P. Venu
(Expert) 12 May 2018
With due respect to Expert Ms. Usha Kapoor the principles guiding dependency in a divorce or maintenance proceeding and in grant of medical reimbursement etc. are two different situations. In the former case, the the spouses are in conflict, while in the matter they are in harmony as the family in pursuing the life's mission.
Guest
(Expert) 12 May 2018
I fully endorse the latest views of Mr. P. Venu. Undue and senseless sticking to the opinion of Ms. Usha Kapoor would neither change the Government's service Rules for their employees, nor the spouse of any can be made to suffer for want of medical treatment, as per rules.
Ms. Usha Kapoor should better avoid making senseless posts that can confuse the querists.
Sudhir Kumar, Advocate
(Expert) 12 May 2018
The qeurist doe snot seem to have made a query on maintenance. the query seems to be on medical reimbursement.
As long as there is no divorce the spouse continues to be dependent even if he/she has income.
ANSHUL JAIN
(Querist) 12 May 2018
I am clearing the fact:
1. I am working on regular basis in State PSU company, where I don't receive any medical allowance in my salary. I can present medical bill towards medical treatment for me and for my dependent family members and maximum 50%of eligible amount can be reimbursed to me.
2. My wife is working on contractual basis in same State PSU, where no medical allowance/ reimbursement is allow as per terms and condition of contract.
3. My wife god admitted in hospital for 5 days and I present the medical bill in this regard. The management has denied to pay the medical bill mentioning that my wife is working so she is not dependent on me.
4. My point is when she is on contractual basis then she is always dependent on me because employment nature is not on permanent basis.
5. That's why I need any case reference/ documents to represent my case.
Guest
(Expert) 12 May 2018
If you have submitted a list of family members, showing as part of your family, she is very much eligible for medical reimbursement to be claimed either by the husband or by the wife, if terms of contractual employment prescribes so. You may therefore check the terms of offer letter of job to your wife. If not permissible in her offer, you can claim for the treatment of your wife.
P. Venu
(Expert) 12 May 2018
In this respect, clarification by the Government of India with regard to 'dependents' under the CGHS Scheme could be useful:
5. For the purpose of making CGHS cards, who are 'dependant', and
what is definition of the word “family"?
The term ‘family’ means and includesHusband
or wife, as the case may be, and other dependant family
members. Dependant Family Members include: parents (female
employee can have either her parents or her parents-in -law as
dependents), sisters, widowed sisters, widowed daughters, minor
brothers and minor sister, children and step-children wholly
dependent upon the Government Servant and are normally residing
with the Government Servant (son upto the age of 25 or till his
marriage whichever is earlier and daughter till she gets married). Also
now 'dependent' includes, dependent divorced /separated daughters
(including their dependant minor children) and step-mother.
The term 'dependent' means that income from all sources including
pension and pension equivalent of DCRG benefit is less than Rs. 9000
+DA per month. This clause is to be fulfilled for all 'dependent' family
members. However, there is no such clause as dependency in respect
of spouse.
Please see http://cghs.gov.in/showfile.php?lid=4784
Sudhir Kumar, Advocate
(Expert) 12 May 2018
that means
Husband or wife, as the case may be
and
other dependent family
members.
so the clause of dependency does not apply on spouce.
Kumar Doab
(Expert) 13 May 2018
Mahoday Sudhirji
You may suggest from where and from whom querist/author can obtain..
if available with you, post link or attach in Forum section.
Guest
(Expert) 13 May 2018
Mahoday Sudhir ji,
Are you liable for explanation to a fake expert, Mr. Kumar Doab or to guide the querist? You have already rendered your advice for the querist, he has not raised any question, but your friend has raised a finger on your advice.?
However, The question of Kumar Doab is a very clear proof that he is blank about service laws/rules, while in his profile at LCI, he has mentioned "prefer to post at LCI on matters pertaining to Labor and Service." He PREFERS to post pertaining to labour & service, but knows nothing about Labour and service laws, i.e merely junk ideas just to misguide the querists.
Read more at: http://www.lawyersclubindia.com/experts/experts_profile.asp?member_id=60926
