Arawind (i) 12 August 2017
Susen Nath 12 August 2017
P. Venu (Advocate) 12 August 2017
"Wife is in receipt of maintenance of ₹10,000/- P.M. which is granted by Department of Husband out of his pay as Husband was govt. Employee and the maintenance grant is as per rules of the department which is independent of any court proceedings" The statement is unconvincing. Which Department?
Arawind (i) 12 August 2017
Kumar Doab (FIN) 12 August 2017
Same Query:
https://www.lawyersclubindia.com/experts/Admissibility-of-Modification-of-Order-651166.asp
Kumar Doab (FIN) 12 August 2017
Another query at:
https://www.lawyersclubindia.com/forum/details.asp?mod_id=152769&offset=1
P. Venu (Advocate) 14 August 2017
As the husband has retired and there is no provision for grant of maintainance out of pension, the wife can seek relief for grant of maintainance from the competent court, preferably under the provisions of Section 125 CrPC. The cause of action being continuous, there is no question of limitation; it is only that payment of arrears, if any, would be restricted to one year prior to the date filing of the petition.
Wife cannot have any claim on the retirement benefits, gratuity included.
P. Venu (Advocate) 14 August 2017
As the husband has retired and there is no provision for grant of maintainance out of pension, the wife can seek relief for grant of maintainance from the competent court, preferably under the provisions of Section 125 CrPC. The cause of action being continuous, there is no question of limitation; it is only that payment of arrears, if any, would be restricted to one year prior to the date filing of the petition.
Wife cannot have any claim on the retirement benefits, gratuity included.
P. Venu (Advocate) 14 August 2017
Sorry for the reated posting. Error has been a technical lapse.