Here is another news of rejection of maintnenace demanded by wife the woman had a monthly salary of Rs 19,000, while husband had monthly pay of Rs 62,000. According to my reading of news it was maintenance demanded under HMA Section 24 during divorce proceedings. The petitioner had sought alimony of Rs 1 lakh per month from her estranged husband.Earning women can’t get alimony for ‘unjust enrichment’: courtExcerpted from news story:Dismissing the maintenance petition of a woman employed with a government school, Additional District Judge Rajender Kumar Shastri said the legal provisions are aimed at providing financial assistance to the indigent spouse, certainly not for enjoyment of an opulent lifestyle.Taking into account the social changes where women are no longer dependent on their … [Read more...] about HMA 24 judgment: Earning women can’t get alimony for ‘unjust enrichment’
Family Law
Delhi court rejects maintenance for more qualified wife
Dismissing the concept of women being the "weaker sex" and urging them to work rather than being dependent on their "pati parmeshwar", a district court rejected the plea of a woman seeking maintenance from her mentally disturbed and unemployed husband. Read full news below:Court dismisses 'weaker sex' pleaNot sure if the application was filed under HMA or CrPC 125, but in any case this means that women who are more qualified than their husbands should start thinking of moving their butts and start earning rather than hoping their husband will be their protector and provider for all time to come. … [Read more...] about Delhi court rejects maintenance for more qualified wife
SC grants divorce to husband invoking article 142 of constitution
SC Judgment under article 142 of constitution on divorce granted to husband due to irretrivable breakdown of marriage, and basically the fact that wife withdrew consent on mutual divorce agreement AFTER she had got the property from husband as per agreement.Lesson here for men is: make the mutual divorce agreement an airtight and foolproof agreement that can be done as a single, simultenous operation,i..e, all conditions are met on both sides otherwise nothing doing.--------------------------------------------------------SUPREME COURT OF IND IA RECORD OF PROCEEDINGSCIVIL APPEAL NO 5952 OF 2009 (Arising out of SLP (C ) No.14361 of 2007ANIL KUMAR JAIN Petitioner (s)VERSUSMAYA JAIN Respondent (s)Date : … [Read more...] about SC grants divorce to husband invoking article 142 of constitution
SC Judgment: On directing CBI to produce missing child
ReportableIN THE SUPREME COURT OF INDIACRIMINAL ORIGINAL JURISDICTIONCRL.M.P.NO. 3401 OF 2009INWRIT PETITION (CRL.) NO. 112/2007V. Ravi Chandran …PetitionerVersusUnion of India & Ors. …RespondentsORDERR.M.LODHA, JShould Central Bureau of Investigation be requested totrace the minor child Master Adithya Chandran in the Habeas Corpuspetition filed by the father is the question presently before us?2. Dr. Ravi Chandran –petitioner and Vijayashree Voora –respondent no. 6 got married on December 14, 2000 at Tirupathi,Andhra Pradesh according to Hindu rites. On July 1, 2002, a son –Adithya was born out of the wedlock in United States of America .The matrimonial discord arose between the petitioner and respondentno. 6 soon thereafter. Respondent no. 6 approached the State ofNew York Supreme Court … [Read more...] about SC Judgment: On directing CBI to produce missing child
SC directs CBI to trace missing/abducted child
In this judgment about abducted by parent/missing child brought from US to India, the SC has directed CBI to trace the child and produce before court in habeas corpus petition. Full judgment is available here.Relevant excerpt from judgment where SC comes to decision to direct CBI to trace the child. This is a good judgment against parents who abduct children from US to India and try to hide behind the slow (or maybe dysfunctional) justice system in India.13. From the narration of aforesaid facts, it is abundantly clear that despite efforts made by police officers and officials of different States such as Senior Superintendent of Police, Agra , Senior Superintendent of Police, U.T. of Chandigarh , Director General of Police, Tamilnadu, Director General of Police, Karnataka and … [Read more...] about SC directs CBI to trace missing/abducted child
What is Stridhan
From MOIA document at this link: http://www.498a.org/contents/publicity/MOIA_government.doc Any property or gift given to a woman before, at the time of marriage or later is her property May be gifted by anyone, even in-laws, friends She alone has the right to gift, will or dispose of her property as she desires No one else has a right on it Anyone who has a woman’s streedhan in her/his custody should return it to the actual owner within a stipulated time period If the trustee disposes of her property without her willing so the offender will be punished with imprisonment and fine If the woman dies without willing her property it goes to her sons/daughters and husband A list should be made of the gifts given during or just after marriage. There has to be two lists: one for the … [Read more...] about What is Stridhan