Ajmer. Since the applicant’s belongings are lying in the official accommodation and he has failed to deliver the vacant possession to the respondents in accordance with law, the Tribunal did not find any infirmity in the order dated 22.11.2018 passed by the respondents. We are faced with a peculiar situation where on the one hand, the petitioner contends that not only he has been transferred from Ajmer to Jaipur Division, but he has been posted at Phulera. Owing to the fact of his dispute with his wife, he has sent written application to the respondents surrendering the railway quarter with all his belongings lying therein. On the other hand, petitioner has not been paid HRA and would not be entitled to any alternate accommodation at Phulera. Third angle to the dispute has been introduced by the petitioner’s wife, who contends that she by virtue of the provisions of the Protection of Women from Domestic Violence Act, 2005 would be entitled to retain the shared household accommodation. The maximum time upto which the quarter can be retained on normal rent is for two months, thereafter, damage rent would be charged. The total amount from 28.7.2016 to 30.4.2019 to the tune of Rs.2,15,317 has been assessed for being recovered from the petitioner for unauthorised accommodation would also go higher. It is also a fact that while a sum of Rs.20,000 has been deduced from the salary of the petitioner to be paid to the applicant-wife as maintenance, another sum of Rs.8832 is being deducted towards arrears of damage rent. Even though the wife may be entitled to relief against the husband within the parameters of law, but on account of dispute between the petitioner-husband with his wife, she cannot retain the railway quarter for indefinite period even when the railways have treated such possession as unauthorised and started
