Maintenance Allowance to Army Soldier's Wife
2 years ago
The couple separated within 01 week of the wedding.The lady approached army authorities and under authority of AO 2/2001, the competent army authority allowed grant of maint allce to estranged wife @15% of pay & allces of the soldier.The direction of recovery was passed to concerned pay and accounts office. However the office did not obey order as marriage cert was not produced but enough docu were provided to confirm wedding. the soldier says certificate not possible now due to seperation.is marriage certificate or documentation necessary for enforcing orders of maint allce? Guide please.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
आप अपने ससुराल व पति के विरुद्ध आपराधिक कारवाही कर सकते हो।
आप घरेलु हिंसा का वाद दर्ज कर सकते हो।
Suneel Moudgil
Responded 2 years ago
2. you can also claim maintenance under Domestic Violence Act,
Courts have ruled that Army authorities cannot consider applications for maintenance and should instead refer those applicants to civil courts for relief. Only qualified civil courts have the authority to grant maintenance after a thorough review of the facts, cross-examination, and hearing. As a result, you should seek maintenance from a civil court.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Courts have held that Army authorities cannot entertain the application for grant of maintenance and should instead direct such applicants to avail remedy from civil courts. Power of awarding maintenance can only be exercised by competent civil courts after proper examination of evidence, cross-examination and opportunity of hearing. Therefore, you should approach civil court for issuance of maintenance since a marriage certificate is an important document and in absence of such document, Army Authorities have the power to deny payment of maintenance.
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