House rent under section 125
HITESH SHAH
(Querist) 18 December 2016
This query is : Resolved
RESPECTED SIRS'
IF HUSBAND ASKS WIFE TO STAY WITH CHILDREN ON GROUND FLOOR SEPERAATELY HUSBAND STAYS ON FIRST FLOOR OF BUNGLOW, BUT WIFE REFUSES AND WANTS TO STAY IN RENTED HOUSE.RENT IS 14000/-IF WIFE PAYS 14000RS/MONTH AS A RENT THEN HUSBAND HAS TO PAY 14000/- AS A RENT OR ANY CLAUSE IN LAW FOR MAXIMUM HOUSE RENT. HOW IT SHOULD BE JUSTIFIED?
Advocate. Arunagiri
(Expert) 18 December 2016
Husband has to provide shelter to the wife. If the wife refuses that shelter but, insisting for a rent, this comes under the maintenance.
So, wife can demand maintenance from the husband, the maintenance can be decided based on the husband's income.
Kumar Doab
(Expert) 18 December 2016
Are you referring to HRA!
If yes refer to; Income Tax Act;Sec;13(A)
Income Tax Rules;2A
If you have your own house wife can stay in the house.
Rajendra K Goyal
(Expert) 19 December 2016
Wife can ask for maintenance if refuse to stay in the house provided by the husband.
Agree with the expert Advocate. Arunagiri.
Kumar Doab
(Expert) 19 December 2016
You have not refused to provide the stay to wife in the house, on record.
Dr J C Vashista
(Expert) 21 December 2016
@ Hitender Patel,
Section 125 Cr PC, a social security legislation, provides for maintenance of "wife" "children" and/or "parents" who is unable to maintain herself/himself to avoid destitution but do not have any separate provision for payment of "rent".
Prima facie it is a fabricated, hypothetical and concocted story and not a query since it started with "...If..." and again repeated with, "..If..." Any dispute requiring and requesting the experts opinion and advise on this platform do not have scope for "ifs and buts".
Kumar Doab
(Expert) 21 December 2016
You have many queries.
It shall be appropriate to spend quality time in person with a very able counsel.
Rajendra K Goyal
(Expert) 21 December 2016
Agree with the comments from expert Kumar Doab.
Kumar Doab
(Expert) 21 December 2016
Thanks for agreeing Mr. Goyal.
