Basically, I see this judgment in line with another recent one where interim maintenance was denied to a wife qualified as beautician. I think the main thing in both judgments that the child of couple was staying with father, so the usual sympathy for mother as well as need for child support being paid to mother did not arise. Though such situations where child is left with father are somewhat rare, the main point to understand is there is no such rule that “you will have to pay some maintenance to wife” – a convenient quote often made by lawyers. Maintenance will be decided based on details and merit of the case. Full judgment text below: … [Read more...] about Ambala, Haryana court denies interim maintenance under DV Act to woman who left child with husband
DV Act Judgments
Delhi Metropolitan Magistrate (MM) court denies interim maintenance under DV Act to wife qualified as beautician
Two readers sent copy of this recent Delhi court’s judgment about interim maintenance, and thanks to both! While many people were commenting after reading the newspaper reports of this judgment, I don’t think the newspaper reports mentioned that there was a child who was being taken care of by respondent-husband. I wonder if the decision had been otherwise had the petitioner-wife been taking care of the child, which is the usual scenario. In fact, I think that’s the crucial point which has gone in favour of husband/father. Another possible conclusion: As far as denying maintenance is concerned, better to have a wife qualified as a beautician, than a wife with qualifications like MA or PhD, but no work experience whatsoever. Important points of judgment below: ii) … [Read more...] about Delhi Metropolitan Magistrate (MM) court denies interim maintenance under DV Act to wife qualified as beautician
Chennai HC says DV Act (Domestic violence act) is prejudiced and recommends making it gender neutral
Usually my impression is that as far as judicial decisions are concerned, Chennai is a place filled with white knightery, where it is easy to get judgments in favour of women; even based on flimsy evidence but more based on emotions. I remember reading a judgment where a woman was granted maintenance under DV Act after a one-night stand with an office co-worker at his house. Some “beneficial legislation” interpretation it must be that one night spent with office co-worker in his house turns that into a live-in relationship! The problem with such benefit-and-relief-awarding interpretations is that interim maintenance gets awarded in DV cases routinely with no evidence of any violence whatsoever, because the DV Act is drafted in such a way that it talks only about what … [Read more...] about Chennai HC says DV Act (Domestic violence act) is prejudiced and recommends making it gender neutral
Maintenance to wife under DV Act rejected by Pune court because she was working earlier, and now spending time chatting on Facebook and Gmail
One of our group members from Pune sent a clipping of news of maintenance denied to wife from a Marathi newspaper. His comment below: This order is of rejected maintenance to wife. Maintenance rejected because husband provided proofs of her Facebook and gmail accounts that she was chatting with her friends. Also proofs were provided of her mobile call records, and it was told to court that mother and sister both are working as well as petitioner was working before but not now. Keeping all this in mind there is no need of maintenance to wife. The news clipping is below: Even though I don’t speak Marathi, like Sherlock Holmes I went down to the task of trying to read whatever words I could understand from the news, to make some educated guess on what might have happened: First … [Read more...] about Maintenance to wife under DV Act rejected by Pune court because she was working earlier, and now spending time chatting on Facebook and Gmail
Delhi sessions court denies woman maintenance under DV Act on grounds that she was capable of working and without child
This is a Mar 2014 judgment of Delhi sessions court which had denied maintenance to wife under DV Act, and it seems very important for any husband facing maintenance case whose wife worked at some point of time even if before marriage. One of the most common scenarios we hear from men is that “wife was working before marriage, but left job after marriage, and has now filed maintenance case on me”. Or a less common scenario: “wife was working after marriage also, but left the house, then filed maintenance case saying she doesn’t have a job”. Main thing I find is woman herself acknowledged she used to run a business before marriage. Which is why past working status is the most crucial part of evidence husband needs to collect if the woman denies that she is currently … [Read more...] about Delhi sessions court denies woman maintenance under DV Act on grounds that she was capable of working and without child
Delhi sessions court asks woman to find job within a year, grants maintenance
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