Maintenance Allowance to working wife.
Guest
(Querist) 11 December 2016
This query is : Resolved
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rajeev sharma
(Expert) 12 December 2016
the fact that wife is earning is no bar on granting maintenance to wife.However it may effect the quantum of maintenance. File all the evidence you have with the authority and let the wife deny that.
Guest
(Expert) 12 December 2016
If she has falsely sworn on affidavit you may file a complaint against her. Gather evidence through private investigator first and further collect evidence through her ITRs and salary account details. there is always a paper trail.
Regards,
Rit Arora
Guest
(Expert) 12 December 2016
Further you may fight the case before the Hon'ble Court and also bring this affidavit into question.
Rajendra K Goyal
(Expert) 12 December 2016
Take print of linkedin page.
Search net for further details.
If confirm, you can submit affidavit that she has submitted false affidavit and is employed in particular company.
Kumar Doab
(Expert) 12 December 2016
Private company might be: Commercial, Industrial Establishment.
It has to submit various registers prescribed under the enactments that apply on DOJ, salary, attendance,leave, bonus,PF,ESIC, incentives,reimbursements etc etc................
Court can direct to submit the record......
You are at liberty to submit your own findings to authority as well.
Guest
(Expert) 12 December 2016
Very simple, if you "have complete knowledge of the company she is working and her designation as well but it being a private company" why don't you provide that proof to your officers to scuttle down her claim for maintenance? How do you say, "I can't do much about it"?
Even if your employers do not agree to your submissions, better get stay order from the competent court of law against the likely action of your employer and produce that to avoid remittance of maintenance by your employer to your wife.
Let her file a case of maintenance in the court of law and produce evidence that sh is not employed.
Kumar Doab
(Expert) 12 December 2016
LCI Expert Dr.J.C.Vashista is Ex. Army and a practicing advocate at Delhi.
You can benefit from his counsel on how to convince our authority by whatsoever material and facts you have with you and what else you can do.
Kumar Doab
(Expert) 12 December 2016
You may carefully go thru:
MOD panel frowns on increase in awarding maintenance allowance to wives in military
March 31, 2016
The panel, in its report, has criticised the defence services for passing such orders in, essentially, what are private matrimonial disputes.
…The panel, in its report, has criticised the defence services for passing such orders in, essentially, what are private matrimonial disputes….With growing matrimonial disputes, the number of such applications has increased in the last few years especially with the Army granting maintenance to the spouses on almost all applications through non-speaking orders without providing reasons………….. It has also found that the system does not have the wherewithal or ability to examine the veracity or truthfulness of the allegations and counter-allegations of both parties which is basically a matter of evidence that can only be weighed and dealt with by civil courts under law legislated for this specific purpose...........
http://indianexpress.com/article/india/india-news-india/army-defence-ministry-mod-panel-frowns-on-increase-in-awarding-maintenance-allowance-to-wives-in-military/
Kumar Doab
(Expert) 12 December 2016
And;
HIGH COURT OF JUDICATURE AT ALLAHABAD
?AFR
Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 860 of 2015
Appellant :- Sampurnanand Mishra
Respondent :- Union Of India And 3 Others
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do
Rajendra K Goyal
(Expert) 12 December 2016
Expert Kumar Doab has provided good input, may be benefited from the guidance.
Kumar Doab
(Expert) 12 December 2016
Section 90(i) of the Army Act
Rule 193 of the Army Rules
clause (i) of Section 90
Army Order 23/94
may be referred.
Guest
(Expert) 12 December 2016
Mr. Shailendra,
Please clarify, by your statement, "I need some advice as to how I can go about it", whether you have asked for the solution to avoid payment of maintenance to your wife by army or have asked for guidance for your opposite party (your wife) how she should approach the army to recover and pay the maintenance to her?
As per the latest advice of by Mr. Doab to refer "Section 90(i) of the Army Act"
"Rule 193 of the Army Rules"
"clause (i) of Section 90"
"Army Order 23/94"
Rules 193 prescribed, "officer under sections 90 (i) and 91 (i)" who can order under Section 90(i) of the Army Act to make provision for deductions from pay and allowances of an officer of any sum required by order to be paid for the maintenance of your wife.
Anyway, best of luck for such an advice!
Kumar Doab
(Expert) 13 December 2016
Author@ Mr. Shailendra Thapliyal ,
You may without any hitch and second thought approach Dr.J.C.Vashista.
LCI Expert Dr.J.C.Vashista is Ex. Army and a practicing advocate at Delhi.
You can benefit from his counsel on how to convince your authority by whatsoever material and facts you have with you and what else you can do.
All post in this thread are to appraise and update you.
You may without any second thought ignore P.S.Dhingra, and his unwarranted comments,like everyone else, at LCI does.
You may for sure go thru profile of all experts in this thread and all threads under profile of experts.
Guest
(Expert) 13 December 2016
Mr.Kumar Doab It is Nice to know that Senior Advocate/Expert Dr.J.C.Vashista is an Ex Army Prsonnel As well.His contributions are Really Appreciated.Thanks for the Information.
Kumar Doab
(Expert) 13 December 2016
Mr.N.J.S.Rajkumar, Senior Advocate/Expert Dr.J.C.Vashista has rendered meritorious service.Pls visit his profile.
His background and understanding of Army has provided us with deep insights and valuable advise in threads on matters pertaining to Army/Defense Personnel, in many threads at LCI.
He can appreciate the query, inputs, posts in this thread and do best for the querist/author.
Rajendra K Goyal
(Expert) 13 December 2016
Author may send private message to expert Dr.J.C.Vashista
Kumar Doab
(Expert) 13 December 2016
Visit profile of expert Dr.J.C.Vashista at:
http://www.lawyersclubindia.com/profile.asp?member_id=143573
Guest
(Expert) 13 December 2016
Thanks to Senior Expert Mr.Kumar Doab
Kumar Doab
(Expert) 13 December 2016
You are welcome.
Guest
(Expert) 13 December 2016
Mr. Shailendra Thapliyal may very well ignore P S Dhingra, but his opponent (wife) cannot ignore advice of Kumar Doab, who provided a wrong advice to the author that suggests about a definite route through which his wife can claim maintenance through Army.
Best of luck, Mr. Shailebdra.
Kumar Doab
(Expert) 13 December 2016
Author@ Mr. Shailendra Thapliyal ,
No advise is provided to your wife.
She has not initiated the query.
Otherwise also, if she has filed for maintenance, she is not shooting in the dark.
The post in the thread are to appraise you, with finer details............and not P.S. Dhingra.
The links that have been provided to you are appreciated by fellow experts.
Rest expert Dr.J.C.Vashista can appraise you, further.
For P S Dhingra anything and everything that is not his personal professy, is wrong.
You may without any second thought ignore P.S.Dhingra, and his unwarranted comments,like everyone else, at LCI does.
You may for sure go thru profile of all experts in this thread and all threads under profile of experts................and rest shall be known to you.
Guest
(Expert) 13 December 2016
Wife of Mr. Shailendra Thapliyal is not at all debarred to read the advice of Mr. Doab.
Question arises, how Mr. Doab is sure that everyone else has ignored me, when he says, "You may without any second thought ignore P.S.Dhingra, and his unwarranted comments,like everyone else, at LCI does," and repeated again, as if he is the ring leader of all the experts to make them think that Mr. Doab is all in one even on their behalf and can say anything on their behalf. If that is so, there was no need for the other experts to post their advice, besides Mr. Doab?
Kumar Doab
(Expert) 13 December 2016
Author@ Mr. Shailendra Thapliyal,
In addition to the links provided to you, reference of expert Dr.J.C.Vashista, it has been reiterated that:
"You may for sure go thru profile of all experts in this thread and all threads under profile of experts................and rest shall be known to you."
You shall also be convinced that: You may without any second thought ignore P.S.Dhingra, and his unwarranted comments,like everyone else, at LCI does."
Guest
(Expert) 13 December 2016
Repetition of advice time and again, like "You shall also be convinced that: You may without any second thought ignore P.S.Dhingra, and his unwarranted comments,like everyone else, at LCI does," cannot camouflage wrong advice of Mr. Kumar Doab to the author in any way.
So far as links are concerned, the author needed advice, not the links.
Kumar Doab
(Expert) 13 December 2016
The sections/Act have been quoted since the sections are involved.
P.S.Dhingra once again is killing his time since he has nothing else to do in his leftover days, other than hallucinating, in misinterpreting; since it is his only hobby:: and confusing the author.
He is obviously perturbed since once anyone goes thru his posts in threads under his profile he shall be exposed to the reader.
His blankness, hollowness shall be known.
Before anyone approaches P.S.Dhingra, and puts his hands into his purse to shell out the fees demanded by P.S.Dhingra, he/she may go thru the threads under hsi profile.
LCI has been bait of P.S.Dhingra.
P.S.Dhingra is disturbed.
Noted and ignored and avoided.
Guest
(Expert) 13 December 2016
Mr. Doab,
What is the "hsi profile," as you stated, "Before anyone approaches P.S.Dhingra, and puts his hands into his purse to shell out the fees demanded by P.S.Dhingra, he/she may go thru the threads under hsi profile."
I WOULD ALSO LIKE TO GO THROUGH THAT PROFILE TO KNOW IF THERE IS ANY SUCH PROFILE IN MY NAME?
PLEASE DO PROVIDE ME THE LINK OF THAT PROFILE.
Kumar Doab
(Expert) 13 December 2016
You are a disturbed mind.
It is known to you.
I am surprised that why you have not so far posted your trademark remarks..............
" You are welcome with your irritation..................etc etc".
You are disturbed in this thread also since useful inputs have been shared by me for the benefit of author/querist, readers of this thread and fellow experts.
I have never asked you,invited you to comment on me or my posts.
Still your own never ending itch and disturbance lets you do anything else.
Why can't you remain engrossed in your own world and let us do our good work that we are doing at this forum of LCI?
Guest
(Expert) 13 December 2016
Mr. Doab,
From your own post readers can very well judge, you or I am a disturbed mind, as instead of replying your dirty remarks, I just requested you to provide me the link of "hsi profile", which you falsely claimed to be of mine, just to mislead the readers, while, instead of providing that link, you have asked me to welcome you with my remarks about your frustration and irritation.
THAT ITSELF CLEARLY GIVES INDICATION OF THE STATE OF YOUR UNSOUND AND DISTURBED MIND.
However, if you are pleased to note my remarks to be repeated, I welcome you with your expression of irritation and frustration. HAPPY NOW?
IN FACT, YOUR PROBLEM IS THAT YOU POST THOUGHTLESSLY AGAINST ONE AND ALL QUERIES, BUT PROVIDE THE MIRROR OF YOUR MENTAL IMAGE. WHAT YOU STATE FOR ME, ACTUALLY THAT FITS APTLY IN YOUR OWN CASE. For example, YOU HAVE STATED, "LCI has been bait of P.S.Dhingra." IN FACT THAT EXACTLY FITS IN YOUR CHARACTER, AS YOU MAKE SEVERAL VAGUE POSTS AGAINST EACH INDIVIDUAL QUESTION OF THE QUERISTS.
For example, in this very thread PRIOR TO YOUR ALLEGATIONS AND MY RESPONSE THERETO, you made 5 posts in reply to the author's question, whereas, I made only one post with solution what the author needs to do. SO, ANYBODY CAN GUESS FOR WHOM LCI has been bait. Not me BUT you are lured, enticed or tempted to make as many as posts at the LCI, irrespective of whether you know anything about the subject matter or not.
AND THOSE SEVERAL POSTS YOURS SAY NOTHING LIKE ANY SOLUTION, BUT MERELY THE TYPE OF--
- you may consult so & so, OR
- you can act according to the advice of so & so, OR
- you might have saved thousands of rupees with the advice of so & so, OR
- there are several thread on the LCI, from which you may benefit, OR
- I have sent you links you may go through, OR
- You can benefit from his counsel, OR
- it is good to see that some authors come back to thank the experts, OR
- visit profile of so & so, OR
- You may for sure go thru profile of all experts in this thread and all threads under profile of experts, OR
- "you may without any second thought ignore P.S.Dhingra, OR
- in self praise you state, "the links that have been provided to you are appreciated by fellow experts, OR
- you are welcome, etc., etc.
BUT WHERE IS THE SOLUTION YOU COULD HAVE PROVIDED TO SOLVE THE PROBLEM OF THE AUTHOR?
The querists can very well check your posts and can find more than 90% posts are of only the types of the posts mentioned above.
Even if you provided any advice that goes adverse to the interest of the author. Like in the present thread, you have provided such an information that the same can benefit his wife against the interest of the author, who tended to seek solution for his own problem.
For example, in his query the author has asked the experts to provide solution how he should go against the application of his wife for maintenance to his employer, the Army, but you provided information only to add to his woes and problem from which her wife can take much more advantage than being without your advice to the author.
When the author himself has stated, "The army law has a provision that army can give a wife maintenance Allowance even when no judgment from civil court has been delivered," instead of any solution to him, you have provided the same information, as if he does not know anything but still what can harm him more than provide any benefit, i.e., "MOD panel frowns on increase in awarding maintenance allowance to wives in military" AND ALSO which authority under Rule 193 and sections 90 (i) and 91 (i)" can order to make provision for deductions from pay and allowances of an officer of any sum required by order to be paid for the maintenance of your wife.
CAN YOU CLARIFY, WHERE HE ASKED FOR SUCH INFORMATION THAT YOU PROVIDED?
NOW AT THE END, I ONCE AGAIN REQUEST YOU TO PLEASE PROVIDE ME THE LINK OF "hsi profile", WHICH YOU CALL TO BE OF MINE, so that I may also go through at least my own profile, if you believe that to be of mine.
IF UNABLE TO PROVIDE LINK of "hsi profile", YOU MUST ADMIT THAT YOU VENTURED TO MAKE A BLUFF MERELY TO MISLEAD THE READERS, AS COMPELLED BY YOUR NATURE.
