• Can railway administration vacate railway quarter from wife

in 2009 my husband fractured my both legs and escaped from railway quarter where he was living with me ,FIR lodged and he was booked for 7 days imprisonment then he  managed to get transferred to out station from here.i filed a civil case for maintenance and got ex-parte decision abd he again came to me and again attaked and now booked under 498/34 and lived for 21 days in jail then he challenged it to high court cuttak, orissa , got reviewed by rourkela court which taking account of my living in railway quarter reduced maintenance to 8000 (earlier it was 11000) .now my husband written to railway authority that he do not live in the alloted railway quarter so let it be vacated.and now railway administration forcing me to vacate the quarter.here on my husband consent my maintenance reduced to 8000 from 11000 due to my living in railway quarter.Can railway authority are right here , no divorce case only maintenance case was filed by me and i got the judgement.what shoul I do now as per law and to maintain the rule of law in our country.
Asked 2 years ago in Family Law from ROURKELA, Orissa
Religion: Hindu
make an application to court to enhance your maintenance . the order was passed for payment of Rs 8000 per month on basis you had accommodation . since you are being forced to vacate the accommodation maintenance should be proportionately increased
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. You can apply to the railway authority  enclosing the Judgment copy stating that the said maintenance amount has been reduced based on the fact that you stay at the railway quarters allotted to your husband & your husband's attempt to surrender the quarter is to subvert the court order which is illegal, hence you should be allowed to stay therein & in the records of your husband he should be shown as having allotted a quarter,

2. Alternatively, you can file an application before the Court for enhancement of your maintenance on the ground that your husband has illegally deprived you of your accomodation subverting the Court order. You can also pray in the said court for an order upon the railway Authority not to evict you from your husband's quarter & treat that quarter as allotted to him.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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1) you will get justice . if your husband has failed to pay maintenance as per court orders you have rightly taken execution proceedings . court will attach his properties . 

2) since you have  already obtained orders for payment of maintenance no need to file DV complaint for maintenance
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0

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