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You are here: Home » Uncategorized » Mumbai HC asks divorced father to pay alimony even if by going to jail

Mumbai HC asks divorced father to pay alimony even if by going to jail

29 Jun 2015 By videv 5 Comments

A recent judgment by Mumbai HC should be a cautionary tale to those who take the issue of maintenance lightly, and believe that they can get an upper hand by simply not paying and then will see what happens.

👉(Read Online eBook): How to Fight and Reduce Maintenance under CrPC 125 and DV Act 👈

👉(Read Online eBook): Alimony and Maintenance under Hindu Law👈

Note: this case is about permanent alimony to wife (not interim under DV Act, CrPC 125, or pendente lite under section 24 of Hindu Marriage Act).  But the lessons may be applicable to other maintenance related litigations too.

Lack of job no grounds to avoid paying alimony: Bombay HC

A man, though jobless, must pay maintenance to his wife as ordered by courts in cases of divorce, the Bombay high court (HC) has ruled. A bench of justices Ranjit More and Anuja Prabhudessai, in a recent order, held that a man cannot plead penury in order to evade his liability to pay alimony.

HC further said that if the man was unable to find a job, “he could go to jail and participate in the various programmes conducted there for the inmates, earn money and thus, provide for his wife and child.”

The order was delivered by a 2 judge bench, so it will carry even more weight.  I really doubt that work inside prison can pay so much, I don’t think it will be more than 3000-4000 per month.  So from that point of view, the main thrust of the judgment to every non-paying husband is not that there is a guaranteed good income waiting inside prison for every husband who is unable to find a job outside prison, but that unless you enjoy the jail premises more than life outside, better find a higher paying work outside prison!

Further it says:

According to the woman’s plea, she and her husband got divorced in 2010 and the family court awarded her a monthly maintenance amount of Rs6,000, including Rs3,000 for their minor daughter. In 2013, however, the family court allowed a revision plea filed by the husband and reduced the maintenance amount to Rs3,000.

Now here is something I want to disclose as a secret to every husband who dreams of bringing wife down to her knees by not paying the ordered interim or final maintenance in CrPC 125 or DV Act.  An amount of Rs 6000 for living expenses of two people: a wife and kid in this case, is not exactly something which will provide them with a life of luxury and riches.  If one calculates just basic expenses of food, clothing, and shelter, it is not easy to live within that amount of money.  And you have to add child’s education as another basic expense, which may make that amount look even inadequate depending on amount of school fees and other expenses.

And I want to disclose one more secret which many fathers also are somehow unable to grasp: no matter what kind of cruel or uncooperative wife you had to live with earlier; having a child in marriage will automatically shift his/her responsibility to you and you can’t escape it even if the wife is earning (in that case, child’s expenses can be shared).  So I really don’t see much sense when a man with a child is trying to fight till last breath trying to reduce the maintenance to as low figure as possible.  The courts will not give a sympathetic hearing, and I think that’s exactly what happened in this case.  An able-bodied man won’t be allowed to sit easy and give excuses about being out of job.

READ:  25% (or 50%) of husband's salary is justifiable maintenance, if you believe it

Further the news says:

The man, on the other hand, told the HC that he had stopped paying alimony because he had lost his job as a security guard after the divorce and had been unsuccessful in finding another job since. He said he took up odd jobs on a daily basis and made about Rs3,000 per month and, thus, was not in a position to pay alimony.

The HC junked his plea saying that despite all circumstances, the maintenance of his divorced wife and daughter was his responsibility. “You are an able-bodied man. Find some work and if you fail to follow the court’s order, you will have to go to jail. You can live off the state then and earn money through its programmes and pay up,” the bench said.

Many men facing cases of CrPC 125, DV Act and others possibly 498A, 406 etc give the reason that due to mental tensions and harassment, they are unable to find a job or keep a job (in case of many hearings).   Hence, they should be excused from paying maintenance.  That logic somehow is not convincing since I know many who have kept a job and got salary increases and promotions while fighting all cases.  It can have some impact on one’s earnings, but to convince the courts that your income will come down from 35,000 to 0 per month will be very, very difficult.

One more factor which may have gone husband in this case is that he is already divorced, and naturally he is not facing any of the other cases by now either.  For him, an excuse of mental tension and ‘torture’ etc also will not be there.

Moral of the story: Don’t try to use legal tricks which go against common sense, especially if there are children involved.

Links to Free eBooks

1. Download my free PDF eBook Surviving the Legal Jungle

2. Read this FREE eBook written by fathers involved in child custody issues (Read Online) (PDF book)

3. How to Fight and Reduce Maintenance under CrPC 125 and DV Act (Read Online)

Links to Paid eBooks/Books


1. How to Fight and Reduce Maintenance under CrPC 125 and DV Act (Digital eBook) (Print Paperback)

2. Self-study Book on Divorce for Men (Digital eBook Only)

3. Alimony and Maintenance under Hindu Law (Digital eBook) (Print Paperback)

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Filed Under: Uncategorized Tagged With: Alimony

Comments

  1. P.K.Hazra says

    November 21, 2019 at 8:47 pm

    Really your decision is very right in the present era of rising women’sa atrocities and misuse of protection available to the wives.

    Reply
  2. Akash Bharadwaz says

    October 26, 2015 at 3:01 pm

    Let the young men learn something from this post and resolve never to marry, live an aggressive life, earn money and live in solitary luxury. Finally when you are old, join aged homes and live the rest of your life in your own savings. JUST NEVER MARRY. There is no rule in the world that marriage is compulsory for men. I am 32 and applying the same trick.
    Just imagine if even 30 percent of men follow my idea, then it will be great fun to watch.
    Sorry guys, my post may seem to be a joke, but believe me I am serious. I have witnessed couple of such incidence, so guys read my post and think seriously about it. I am not asking for a anti- marriage revolution, just my own idea.
    “Its better and wiser to avoid trouble, than getting out of it when it is too late.”

    Reply
  3. ashwin vasudev trivedi says

    July 24, 2015 at 2:34 pm

    Its realy importent for all lawyer tnx

    Reply
  4. Ketan bhagat says

    July 20, 2015 at 11:46 am

    Totally agree with Raghunath Reddy. Society is unjust towards men. If women and men are equal then why can’t man raise the child while wife pays maintenance. Where are all the empowered women on this point?

    Reply
  5. raghunath reddy says

    July 13, 2015 at 5:24 pm

    It is absolultely unjustice for men. It clearly show men are born to protect men. It is what how society treats men. Men also accepting this by being sailent.

    We heard many times courts order alimony for husband to pay to wife. Never media asked why husband should pay.

    Around 6 months back, Karnataka Hight court order wife to pay alimony to husband. Immediatly Public TV (one of the media) when to the court asking why wife should pay.

    Here the problem with men , they are not shouting in roads and against courts. Simply making voice in internet does not help.

    Unless men get united and fight against media, political leaders and law commission, be ready to go jail like how Gandhi went. Nothing will change.

    For this , men should get united, programs should be made to motivate men and should evaluate, how we (men) can make lot of voice, which brings society attention.

    As usual , every one has fear, if voice raised , there will be arrests.

    If every one get united and have some non feminist lawyers, then we can shout at and let me them police file case.

    Let us have men media, visit every department and software company create awareness.

    When men getting sucide, men are not making any voice. If women get sucide, we can see lot of voice.

    Reply

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