Men Rights India

Fight against Legal Terrorism

  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts
You are here: Home » Principles and procedures in deciding maintenance under HMA 24

Principles and procedures in deciding maintenance under HMA 24

21 Jan 2010 By videv 1 Comment

This Delhi High Court(HC) judgment talks about the fact that if wife withdrew large sums of money from joint account of husband, which could not be accounted for in household expenditure; then trial court was not correct in award of maintenance amount without taking this fact into consideration. The case was sent back to trial court to take into account this crucial fact.

πŸ‘‰(Read Online eBook): How to Fight and Reduce Maintenance under CrPC 125 and DV Act πŸ‘ˆ

——————————————————————–

IN THE HIGH COURT OF DELHI AT NEW DELHI

SUBJECT : SECTION 13(1)(I)(A) OF THE HINDU MARRIAGE ACT

CM(M) No.367/2007

RESERVED ON : 02-04-2007

DATE OF DECISION: 17-04-2007

Alok Kumar Jain ……. Petitioner
through: Mr.Sandeep Sethi, Sr. Adv. with
Mr.Anshu Mahajan, Adv.

VERSUS

Purnima Jain …….. Respondent
through: Mr.Harish Malhotra, Sr. Adv. with
Mr.Tanuj Khurana, Adv.

PRADEEP NANDRAJOG, J.

1. Alok Kumar Jain was married to Ms.Purnima Jain at New Delhi. They
were blessed with 2 daughters.

2. Alok Kumar Jain was employed as a Senior Manager with Engineers
India Ltd. Unfortunately for the couple their daughter, Radhika, suffered
from
severe hearing loss of both ears. The couple spent considerable money on
her
treatment. In the year 2000, Alok Kumar Jain, in consultation with his
wife, decided
that if he took up employment in Abu Dhabi he could enhance his monetary
prospects. He tendered his resignation. He received Rs.27 lacs as terminal
benefits
from Engineers India Ltd. The money was deposited in a joint account
operated by
the husband and the wife. The husband took up employment in Abu Dhabi.
Unfortunately, the couple separated. The 2 daughters are with the mother.

3. The wife filed a petition for divorce under Section 13(1)(i)(a) of the
Hindu Marriage Act. She filed an application under Section 24 of the Hindu
Marriage Act praying that she be granted interim maintenance @Rs.2 lacs per
month.
She also prayed that the husband should pay to her Rs.11 lacs for treatment
of their
daughter Baby Radhika.

4. To sustain the claim she averred that her husband was earning
approximately Rs.7 lacs per month in Abu Dhabi. That he was being provided
an
accommodation free of cost by the employer.

5. In the reply, husband stated that over the last 3 years, the wife had
withdrawn approximately Rs.56 lacs from the joint accounts maintained by the

couple. That she had exaggerated the income of the husband. That his
monthly
income was Rs.2.11 lacs. That out of Rs.56 lacs withdrawn by the wife, she
had
made investments, details whereof was not disclosed to the husband. Not
denying
his liability to maintain the wife and the 2 daughters, it was stated by
Alok Kumar
Jain that the wife was having sufficient funds, interest income wherefrom
was
sufficient to sustain the monthly expenses of the family.

6. By a cryptic order, without calling upon the wife to explain how she had

spent Rs.56 lacs which was withdrawn by her from the joint accounts, learned

Matrimonial Judge has directed the husband to pay maintenance of Rs.20,000/-
per
month for the benefit of the 2 minor daughters with effect from the date of
the
application.

7. In respect of the claim of the wife that Rs.11 lacs be paid for medical

READ:  Sequence of events in 498A case

treatment of the daughter Baby Radhika, learned Judge has opined that issue
would
be decided when the wife produces details of the likely expenses supported
with the
opinion of renowned surgeon.

8. Impugned order dated 13.2.2007 has been challenged by the husband
inter alia on the ground that the learned Judge has ignored that the wife
had not
accounted for Rs.56 lacs withdrawn by her from the joint accounts maintained
by the
husband and the wife.

9. Since I am remanding the matter for fresh adjudication, lest prejudice
is
caused to either party, I refrain from discussing the plethora of precedents
cited at the
Bar by learned counsel for the parties.

10. Law under Section 24 of the Hindu Marriage Act is well crystallized.
From the judicial precedents, factors which can be culled out as required to
be kept in
mind while awarding interim maintenance are as under:- (i) Status of the
parties,
(ii) Reasonable wants of the claimant,
(iii) The income and property of the claimant,
(iv) Number of persons to be maintained by the husband,
(v) Liabilities, if any, of the husband,
(vi) The amount required by the wife to live a similar life style as she
enjoyed in
the matrimonial home keeping in view food, clothing, shelter, educational
and
medical needs of the wife and the children, if any, residing with the wife
and
(vii) Payment capacity of the husband.

11. Further, where it is noted that the respective spouses have not come
out
with a truthful version of their income, some guesswork has to be resorted
to by the
Court while forming an opinion as to what could possibly be the income of
the 2
spouses. This guesswork has to be based on the status of the family, the
place where
they are residing and the past expenses on the children, if any.

12. In the instant case, husband has truthfully disclosed his monthly
income
in Abu Dhabi i.e. Rs.2.11 lacs per month. While deciding what maintenance
has to
be paid to the wife who is maintaining 2 daughters, cost of living in Abu
Dhabi has
to be taken note of.

13. If this was the only fact to be considered, there would have been no
problem in sustaining the impugned order. However, there is a problem. The

problem is non disclosure of how has the wife spent appropriated Rs.56 lacs
over the
past 3 years. Admittedly, said amount was available in the joint accounts
of the
parties. Admittedly, said amount has dissipated.

14. An additional fact to be noted is that the wife and the 2 daughters are

living in a flat purchased by the husband, i.e., no rent is being paid by
the wife.

15. Further, admittedly, Baby Radhika needs considerable money for her
medical treatment. But, on this issue, learned Matrimonial Judge has kept
the matter
open for adjudication as and when wife provides cogent material in the form
of
medical opinion supported with evidence as to how much money would be
required
for the cochlear operation of the daughter.

16. It is not in dispute that 2 accounts were opened in the joint names of
the
husband and the wife with Corporation Bank, Bhikaji Cama Place and State
Bank of
India, Vasant Vihar respectively. The second account is a NRE account.
17. From the statement of bank accounts filed by the husband, undisputed
position is that between February 2001 to January 2004, a sum of
Rs.61,94,011/- was
credited in the said 2 accounts. It is also not in dispute that the wife
has withdrawn a
sum of Rs.56,02,000/- from the 2 accounts between 1.2.2001 to 28.1.2004.

18. From the statement of bank accounts it is further revealed that between

24.3.2003 to 28.1.2004 i.e. in approximately 10 months, the wife has
withdrawn
Rs.41,78,000/- from the 2 accounts. It would be interesting to note that
the wife
sought divorce by filing a petition on 29.1.2004.

19. The statement of bank accounts show that between the years 2001 to
2003, the wife has spent Rs.5,25,303/- by making cash withdrawals, paying
school
fee, electricity and water bills etc. in sum of Rs.5,25,303/-. In this
period she has
withdrawn or spent Rs.6,12,000/- for purchase of a car, a computer + a
hearing aid
with FM receiver for Baby Radhika. Further, between March 2003 to March
2007
the wife has withdrawn Rs.9,80,000/-, which approximates to Rs.20,000/- per
month
for household expenses.

READ:  Info on FIR, Arrest, and Police ranks

20. In respect of the huge cash withdrawals made by the wife only
Rs.18,94,000/- have been accounted for. These are in the shape of 2 fixed
deposits
totalling Rs.14 lacs + monies deposited in the public provident fund account
opened
in the name of the children.

21. Thus, an approximate sum of Rs.34,00,000/- remains unexplained.

22. If I look to the statement of accounts, it is obvious that between the
year
2001 to 2003, the wife spent Rs.5,25,303/- to sustain the household, pay the
school
fee and electricity and water bills. During this period, she purchased a
car and a
sophisticated hearing aid + a computer for the daughter for which 3 items
she spent
Rs.6,12,000/-. Thereafter, from March 2003 to March 2007 i.e. in 4 years
she
withdrew Rs.4,80,000/- presumably spent towards household expenses for said
period.

23. It is evident that the wife was able to sustain herself and the
daughters in
sum of Rs.20,000/- per month as household expenses + other miscellaneous
expenses
excluding capital expenses incurred for purchase of a car, hearing aid and a

computer.

24. The learned Judge ought to have called upon the wife to disclose on
oath
as to where has she spent or invested approximately Rs.34 lacs. The learned
Judge ought to have called upon the wife to explain as to why she withdrew
Rs.41,78,000/-
between 24.3.2003 and 28.1.2004. What was the need to withdraw such an
heavy
amount?

25. Further investigation was required to be made as to in what manner
interest accruing on the 2 fixed deposits totalling Rs.14 lacs was being
spent by the
wife.

26. It could well be argued that the wife has invested huge sums in
undisclosed places wherefrom she is getting considerable income by way of
interest
or dividends.

27. I need not analyze the evidence on record any further inasmuch as I am
relegating the parties before the learned Matrimonial Judge and therefore I
do not
want either party to be prejudiced at the inquiry, lest any observation
made by me,
inadvertently concludes the issue one way or the other.

28. The petition accordingly stands disposed of quashing the impugned
order dated 13.2.2007.

29. The matter is remanded for fresh adjudication before the learned
Matrimonial Judge. I direct that at the remanded proceedings, learned
Matrimonial
Judge would call upon the wife to file a detailed affidavit disclosing
investments
made by her as also render a true account of all withdrawals effected by the
wife
from the year 2001 till date. Further, the wife would be called upon to
explain details
of the monthly household expenditure as also expenses incurred on the
education and
medical treatment of the 2 daughters. Further, the wife would be called
upon to
explain withdrawals made in sum of Rs.41,78,000/- from 24.3.2003 to
28.1.2004.
Further, in respect of withdrawals made prior and subsequent thereto, the
wife would
be called upon to explain that if she could maintain herself and the 2
daughters in
approximately Rs.20,000/- per month preceding and succeeding the period
24.3.2003
to 28.1.2004, where has she spent the money withdrawn between 24.3.2003 to
28.1.2004.

30. An analysis of withdrawals made from the 2 accounts from time to time
shall be done by the learned Matrimonial Judge and thereafter the
application under
Section 24 of the Hindu Marriage Act filed by the wife would be re-decided.

Needless to state, principles culled out by me in para 10 above would be
kept in view
by the learned Matrimonial Judge while re-deciding the application.
31. No costs.

READ:  Favourable HC judgment relating to children and NRIs

Sd/-
(PRADEEP NANDRAJOG)
JUDGE

Questions about this Article?

Ask in Telegram Group Men Rights India Q&A  (Also include link to this Article when you post question)

πŸ‘‰Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony

Related Posts

  1. Delhi High Court slaps fine for vexatious maintenance case on already divorced woman
  2. Have a short marriage, and screw husband for life!
  3. How to claim maintenance from wife?
  4. Mediation – what it means and what it entails

Filed Under: Uncategorised Tagged With: Commando Gyan, Family Law, HMA 24, Maintenance

Comments

  1. roland says

    January 21, 2010 at 4:46 pm

    Its really difficult to distinguish between a preplanned motive, greed for money, adultry, sexual satisfaction, and many more. Ultimately the onus lies with the husband’s failure of alertness on these happenings. He trusted But was betrayed.

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Call Men Rights India numbers For 498A/406/Dowry Case/DV/Maintenance/child custody-visitation/abusive-wife/false cases, CALL volunteers' phone lines:

πŸ‘‰Kannada/ Hindi/ English: Call Sharath +919738010456
πŸ‘‰Free guidance (10-15 min)
πŸ‘‰Paid Guidance (For 30 min or more), click to pay

Join our WhatsApp/Facebook groups

Join Our Telegram Channel for FREE updates

Social

Facebook
Twitter
YouTube
Instagram

Search this website

Important/Must Read/Permanent Posts

  • How to assess your false case and marriage breakup probability
  • How to take action against police or magistrate for 498A arrest without following CrPC 41 41A?
  • Why Indian men should be very careful in filing divorce
  • What to do if CAW cell/police/advocate is putting pressure to compromise
  • Innocent until proven guilty is the law, use it!
  • Advice to men on 498a, maintenance, DV, divorce, child custody, what else
  • How to find and manage your lawyer in 498a, DV, CrPC 125, divorce, RCR cases
  • How to fight false cases of DV, Maintenance, CrPC 125, 498a etc
  • How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Notes and questions on court procedures
  • What should be my stand in court?
  • Understanding the divorce industry in India


Take Quizzes to test your legal knowledge!

Book: How to Fight and Reduce Maintenance under CrPC 125 and DV Act


πŸ‘‰(Read Online eBook)πŸ‘ˆ
(Buy Print book)
(Buy Digital eBook)
(Information about the Book)

Contribute via UPI: videv@upi / videv@icici / videv@paytm

Today’s Popular Posts

  • How to fight false cases of DV, maintenance, CrPC…
  • How to file objections/written statement to…
  • Basic Cross-examination techniques in matrimonial…
  • Procedure of CAW (Crime against women) cell,…
  • Section 41, 41A, 41B of CrPC which govern arrest by…
  • Why Indian men should be very careful in filing divorce
  • Contact
  • How to Fight and Reduce Maintenance under CrPC 125…
  • How to complain against judges of trial courts, High…
  • Using Purshis in court

Tags

498A Activism Arrest Child Support Child_Custody_Visitation Commando Gyan Commando Strategy Commando Techniques CrPC CrPC 125 Cruelty Divorce Domestic Violence Industry Dowry DV Act Judgments Evidence False Case False Rape Family Law Feminazis Feminist Figures Feminist Propaganda Fight Back HC Judgment Hindu Marriage Act HMA 24 Law Making Law Misuse Laws Legal Info live-in Maintenance Marriage Men Rights NCW NRI Police Press Release PWDVA(DV Act) Rape RTI SC Judgment Supreme Court WCD Women Reservation Bill

The Benefits of Reading Men Rights India!

before reading MRI
Before


after reading MRI
After

email: I am facing false DV case. I love your blog. It really have me boost to fight this case and I feel so happy that you guys are doing such a commendable work.


comment: Your survey is 100 % true. whatever is written in this blog matches more than 90 % of my marriage life situation.


comment: The Article is really great, it’s actually happening in my life. whatever is mentioned here is the tactics are used by my wife and still going on….


comment: This is a very good article, and some points mentioned here are the real reasons males are threatened to shell out the maintenance amount


comment: This document is very help for me,becoise i am sufring for false dowry case and fiting for them.so thank for to u.


comment: The web content is very useful for its diversity and especially for atrocities committed upon men, emitting a clarion call for them to rise and defend their rights and hood.


comment: Thanks you People doing very may allah grant you Success. Ameen.


comment: This is very helpful. Thanks a lot. Your work is really a morale booster..
Search judgments at Bharat Law
Read judgments at Bharat Law
IPC 498A Judgments
IPC 406 Judgments
DV Act Judgments
CrPC 125 Judgments
Child Custody Judgments

Author on Facebook

Vivek Deveshwar

Free eBook: Surviving the Legal Jungle

Surviving-the-Legal-Jungle-Cover-Image

Featured Posts

Delhi HC judgment in CrPC 125 maintenance, rejects one-third rule, both have income

5 Feb 2015 By videv 2 Comments

Mulayam Yadav cites danger about males missing in parliament

23 Mar 2010 By videv Leave a Comment

Threat of suicide can be ground for divorce under mental cruelty

2 Jan 2010 By videv 5 Comments

Family court can levy penalty for protection order violation under PWDVA (DV Act)

24 Feb 2010 By videv Leave a Comment

NCW is helping itself with taxpayer money, but just not helping women

31 Mar 2010 By videv Leave a Comment

Equality for Men – Myth or Reality?

Download IMD handbook
Download IMD handbook

Recent Comments

  • videv on Advice to women on IPC 498a, DV case, maintenance, divorce etc.
  • Ankur on Mumbai Bandra Family court judgment on joint equally shared custody based on parenting plan
  • Khushi on Advice to women on IPC 498a, DV case, maintenance, divorce etc.
  • videv on Yodha Strategies and Techniques – YS101 course
  • videv on How to handle allegation of impotence by wife

RSS Feeds

  • All Posts
  • DV Act Judgments
  • Maintenance CrPC 125 Judgments
  • 498A Judgments

Archives

Copyright © 2009-2021 · Vivek Deveshwar · Privacy Policy
  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts