Dismissing the concept of women being the “weaker sex” and urging them to work rather than being dependent on their “pati parmeshwar”, a district court rejected the plea of a woman seeking maintenance from her mentally disturbed and unemployed husband. Read full news below:Court dismisses ‘weaker sex’ pleaNot sure if the application was filed under HMA or CrPC 125, but in any case this means that women who are more qualified than their husbands should start thinking of moving their butts and start earning rather than hoping their husband will be their protector and provider for all time to come.
Here is a shocking news:Husband to pay 60% of salary as maintenance Excerpt : A city court has ordered a man to pay maintenance of more than half of his monthly salary to his wife after divorce. Manoj Rathi, who earns Rs 2,000 a month, was asked by Judge Vineeta Goyal to give his wife Rs 1,200 for the maintenance of their child after divorce on July 11.Ironically, the wife, Nalini, earns Rs 9,000 per month, which is almost five times her husband’s salary. Either the details are incorrect or it is miscarriage of justice. According to HMA 25 under …[Continue Reading]
It is possible according to this case in Delhi: Woman to pay alimony to sick husband Now in above case the application for alimony was made by wife and not husband. However based on merits of case the court decided that it was the ill husband who was without any means to support himself or take care of his illness, and so he was granted Rs 500 / month as alimony from wife. Is it legal? Yes it is! The Hindu Marriage Act (HMA) 1956 clause 24 says this for maintenace during divorce proceedings: 24. Maintenance pendente lite and expenses …[Continue Reading]
The following acts cover various acts to cover maintenance to wife/children under various civil and criminal sections: 1. Hindu Marriage and Adoptions Act, 1956 (HAMA 1956)Read Sec 18-28 related to maintenance to wives and children: HAMA 1956 2. Hindu Marriage Act 1955 (HMA 1955)Read Sec 24-25 regarding maintenance pendente lite and permanent alimony: HMA 1955 Also, Sec 26 covers for custody, maintenance, and education of minor children. 3. CrPC 125 for maintenance for wife, children, parents. 4. Muslim personal laws and CrPC 125 applicability are explained here: http://www.crisp-india.org/laws/59-maintenance-acts.html
In this case from West Bengal, wife was denied maintenance under CrPC 125 since she had good income earlier and could not give any reasons why she was unable to maintain herself now. Maintenance was denied and court also mentioned the principle of “clean hands” with which party seeking relief has to approach the court. PDF of judgment at link below: rajesh-motwani-maintenance-denied-crpc-125 Main excerpt from judgment is given below: It is a settled principle of law that a party seeking relief must come before the court in clean hands. The petnr could have stated that she earlier had the source …[Continue Reading]
This 2007 judgment of Delhi court had denied maintenance to wife under Section 24 of Hindu Marriage Act (HMA). Basically she failed to disclose her own qualifications and that could be construed as coming with “unclean hands” in front of court. As of now, Delhi has a mandatory disclosure of income/expense/asset/liabilities affidavit for all cases filed in family court. Important grounds on which maintenance was rejected: In her entire application the applicant/ wife has no where stated that she is also an engineer graduate in the field of Information Technology and that she also joined the job after her marriage. Those seeking …[Continue Reading]