This is somewhat old judgment of Supreme Court, and it brings an important consideration which was overlooked by lower courts: Which was neglecting to consider monthly EMI paid by husband towards housing loan. The order reduced maintenance amount from Rs 10,000 to Rs 5,000 p.m. While this may cause cheers to readers, it should be noted that the in-hand salary of husband is Rs 9,000 p.m, so effectively he has to now survive on Rs 4,000 p.m. Somehow the facts of the case don’t add up for me. There must be more to it than the numbers mentioned in the judgment. The logic of going for an EMI of 21K on a salary of 35K itself seems questionable. Surely reducing maintenance might be considered a sacred goal by many husbands, but taking such huge loan thereby living on the … [Read more...] about Husband’s EMI towards house to be considered in CrPC 125 Maintenance to wife – SC Judgment
Thanks to a reader, we have this very recent judgment of Madhya Pradesh High Court which denied maintenance to wife under CrPC 125 on her appeal to HC since the court agreed with trial court’s observations that according to evidence led by husband and also wife’s own admissions, it was the wife who was not staying with him out of her own freewill. The judgment is actually not very significant, since both evidence by way of letters of husband and wife’s own admissions proved that there was no maltreatment, and in practical cases such evidence, and wife’s own admissions are very rarely seen. Also the wife didn’t appear in HC at all for her own appeal. If any husband is lucky enough to have this kind of evidence (and a wife who admits in court to her faults ) , of course … [Read more...] about MP HC denies maintenance to wife on her CrPC 125 appeal
In an encouraging development for married men - and maybe women too who don’t believe women should be living like parasites – a Delhi sessions court has asked a woman who asked for maintenance to find work within 1 year. Even though additional maintenance amount of 10,000 was granted for 1 year, the condition to find work seems unbelievable because of the maintenance regime in the India so far has been just-ask-for-maintenance-you-will-get-something-no-matter-your-own-role-in-the-problem. From: Delhi court asks woman to find job within a year, grants maintenance "The woman shall during the period of one year look for a job and start an independent life. After the conclusion of one year, respondent (husband) shall not pay the maintenance of woman," Additional Sessions Judge Anuradha … [Read more...] about Delhi sessions court asks woman to find job within a year, grants maintenance
The judgment asserts that there is no strict criterion that one-third of husband’s income has necessarily to be awarded as maintenance to wife. The judgment can be useful to know how judges may ascertain income of both parties based on declarations in affidavit, and some estimation of real income (because people just lie about income). Full judgment text below: Lalit Bhola vs Nidhi Bhola & Anr. on 12 February, 2013 Author: G.P. Mittal * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 30st January, 2013 Pronounced on: 12th February, 2013 + Crl.M.C.75/2012 LALIT BHOLA ..... Petitioner … [Read more...] about Delhi HC judgment in CrPC 125 maintenance, rejects one-third rule, both have income
Public Telegram group for asking Questions Use below link to join Telegram group to join the group directly and browse chat history. Join Men Rights India Q&A Group Since anyone can join above group, there is no guarantee of who is who, so people should keep that in mind. However, all group members need to follow basic posting etiquettes, and government of India's guidelines. Private WhatsApp group for chat and sharing with others We have started an online community in form of WhatsApp group where members can discuss and share with other members. It’s now structured as a self-supporting community and admin will only act as facilitator - for adding/removing group members, and ensuring guidelines are being followed. Also, now it is mandatory to send photo identity and … [Read more...] about Men ki Baat – Counselling, Discussion of personal cases on Telegram, Facebook, and WhatsApp
Hmmm… I find the question quite perplexing, when a man is facing a false 498a or DV (Domestic Violence) case or an unjustifiable demand for maintenance from wife: “what should be my stand in court?” How about: “I’m innocent! Let the law take its course.” Apparently for 80-95% of Indian husbands, that’s too much complication. They want to have a ‘stand’ which will achieve the following for them: If they are fearing IPC 498a, then anticipatory bail should be easy to get. (Note: after Jul 2014 SC judgment, it appears arrests have drastically come down so this concern should reduce) If they already have maintenance case filed on them, then they should be able to pay zero or very low maintenance. If wife is simply threatening at home, then they should be able to safeguard … [Read more...] about What should be my stand in court?