This is a perennial question asked by men facing marital issues and one of these maintenance cases: CrPC 125 Sec 24 of Hindu Marriage Act (HMA 24) Maintenance asked in petition filed under DV Act (the maintenance proceedings run under CrPC 125) It seems no amount of replies as to how it will be calculated is enough. Maybe when the mind gets into an obsessive mode thinking about something, it asks the same thing again and again no matter how many answers anyone else can provide, be they laymen or experts it doesn’t matter much! So instead of attempting to give an answer it, I have decided to post some useful judgments where maintenance was decided seemingly in an objective manner based on data presented in front of judges by both husband and wife. So this should be simple homework on … [Read more...] about How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
Delhi HC judgment uses one-third of income as criterion to decide on maintenance in HMA 24
In this Delhi high court judgment to decide maintenance under Section 24 of Hindu Marriage Act, the judgment goes into assessing husband’s true versus based on income tax returns versus declared income. In the end, it refers to one-third of husband’s income as a reasonable figure for deciding on maintenance to be awarded. In other judgments, it is mentioned that there is no strict one-third formula which can be applied and it has to be on merits of each case. Full judgment text below: Sh. Sudhir Diwan vs Smt. Tripta Diwan And Anr. on 18 February, 2008 Equivalent citations: 147 (2008) DLT 756, I (2008) DMC 481 Author: P Nandrajog Bench: P Nandrajog JUDGMENT Pradeep Nandrajog, J. 1. The petitioner is aggrieved by the order dated 14.2.2007 disposing of an application … [Read more...] about Delhi HC judgment uses one-third of income as criterion to decide on maintenance in HMA 24
Delhi HC judgment in CrPC 125 maintenance, rejects one-third rule, both have income
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
How to handle false cases from wife who has a boyfriend
In case you face threats or actual legal cases like DV, CrPC 125, 498A, 406 from your wife who also has a boyfriend, the situation can be turned to an advantage, of course only if one is able to get over the shock of the whole fraud which has been perpetrated, and assess things from thereon. The context of this post refers to those marriages where the wife starts to show erratic behaviour etc right in beginning of married life (read Advice to men post for details). Many such women come from feminist/matriarchal families, and if not outright feminist family, then having been raised in an environment of independence and pampering probably. End result is same: their attitude towards men and relationship is nothing normal. What kind of evidence and clues she might have left? Such a … [Read more...] about How to handle false cases from wife who has a boyfriend
Why Indian men should be very careful in filing divorce
To better understand some of the terminology and context used in this post, reading some of the important posts is recommended. Now this post will cover the majority of cases of calls and issues received by men’s rights activists (MRAs) all over India. Almost 80-90% of callers have been into very short marriages, anywhere from 1 year to 3 years where the time wife was in same home as husband maybe anywhere from few weeks, few months, or maximum maybe 1.5 years or so. So even if the marriage happened 3 years back, the time wife stayed with husband maybe 1.5 years or so only. These are just guidelines. The important thing to understand is wife spent a significant time away from husband in initial few years of marriage and it was not due to practical issues related to … [Read more...] about Why Indian men should be very careful in filing divorce
Chennai HC explains the ‘secrets’ of how family courts (don’t) work in India
http://timesofindia.indiatimes.com/india/Be-creative-end-alimony-delays-Madras-high-court/articleshow/39971242.cms Passing orders on a petition filed by Anita, who said her husband Mahaveer Sancheti had defaulted on payment of monthly alimony of 10,000 since 2011, Justice S Vimala said in an order on Tuesday that courts should not do three things while handling such cases. One: They could not remain a mute spectators, merely recording the fact that maintenance amount had not been given. Two: They could not ask the wife to file a new execution petition, as it would give the husband some more opportunity to drag proceedings. Three: They should not grant innumerable adjournments, so that the wife is unable to realise the maintenance amount. Fact 1: Family courts in India are places where … [Read more...] about Chennai HC explains the ‘secrets’ of how family courts (don’t) work in India