Maintenance Allowance to Army Soldier's Wife 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.

Chakrapani Madupu

Responded 2 years ago

View All Answers
A.Your case is not directly related to the Indian Army, you should take the shelter of Civil court and then only the Maintenance Act, Restitution of conjugal rights arise. Pls seek help from an Advocate for this to go ahead.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.Only marriage certificate is not a conclusive proof of a marriage.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.आप कोर्ट मे अपने भरण पोषण के लिए वाद दर्ज कर सकते हो।
आप अपने ससुराल व पति के विरुद्ध आपराधिक कारवाही कर सकते हो।
आप घरेलु हिंसा का वाद दर्ज कर सकते हो।
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Suneel Moudgil

Responded 2 years ago

A.1. you can file a case to claim the maintenance under section 125 CrPC in the family Court
2. you can also claim maintenance under Domestic Violence Act,
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
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.

If you find this answer helpful please rate my answer. Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
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.

If you find this answer helpful please rate my answer. Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconDENIAL OF SERVICE EXTENSION POST PROMOTION
Dear Client, In general, extension of service may be subject to various factors, including health conditions. If there is a policy citing that promotions are not applicable to a specific medical condi...
question iconMaintenance allowance
Dear Client, Collect any evidence you have, such as the video confession, records of communication, or any other relevant documentation. This evidence may be crucial in proving your case. The video yo...
question iconInadequate service provided
Dear Sir, Against whom you wish to take actin. First get concrete evidence and then proceed legally by issuing a legal notice and then going to the court etc.
question iconSecond marriage certificate
Dear Sir, You cannot register the marriage two time which may create problems. Better get first marriage formally divorced by mutual consent then get it register again in 2024.
question iconDischarge from Indian army
Dear Client, If you leave in the first three months it’s called Discharge as of Right (DAOR) and the army can’t call you up again afterwards. But as soon as the first three months are up you’ll have...