A recent judgment by Supreme Court has caused a minor earthquake in manosphere, since the same SC judgment was reported by a major newspaper with the headline that SC has set 25% of husband’s (net) salary as a benchmark amount of maintenance/alimony to wife. http://timesofindia.indiatimes.com/india/supreme-court-sets-alimony-benchmark-25-of-ex-husbands-net-salary/articleshow/58288399.cms It’s not just the youthful and “our opinion” papers like TOI, but even business papers have started reporting similar ‘benchmark’ type news, basically they are just doing copy-paste reporting from the first news written with a catchy headline: http://www.livemint.com/Politics/MGxqoOu55sw6VN7Jppo8EL/SC-sets-25-of-exhusbands-net-salary-as-benchmark-for-alim.html Immediately, those husbands who are having pending matrimonial litigation started re-calculating what damage this judgment can do …[Continue Reading]
Proposed private bill for 40% or more maintenance to abandoned wives
Some MRAs have discovered that apart from IrBM (Irretrievable breakdown of marriage) bill which got passed in Rajya Sabha (but not Lok Sabha) during UPA rule, a new private bill is waiting to be introduced for discussion in Lok Sabha. The link to PDF is given below, and a text conversion of the PDF is given later. The bill proposes to define a category called abandoned wives and proposes to give maintenance not less than 40% of husbands’ income to such wives. This is additional clause to be added to Hindu Marriage Act, 1955 and will not disturb existing maintenance …[Continue Reading]
Only legally wedded wife can get maintenance under Hindu laws
http://timesofindia.indiatimes.com/City/Mumbai/2nd-wife-has-no-legal-claim-/articleshow/5891496.cms MUMBAI: A 64-year-old television actor, who is the second wife of an Andheri resident, recently moved the Bombay high court, seeking maintenance from her former husband, after their 17-year relationship ended. However, a division bench of Justice A P Deshpande and Justice R P Sondurbaldota rejected her maintenance plea, saying she was not the “legally wedded wife”. “As far as Hindus are concerned, marriage laws fall under the Hindu Marriage Act. So, unless the marriage is valid under the provisions of the HMA, those entering into such a marriage cannot describe themselves as a man and wife,” said the …[Continue Reading]
Madras HC relies on Rajasthan HC judgment in HMA 24 case
Normally, the Supreme court judgments set a precedent on High courts in India. It is not normal that a state HC will use as precedent a judgment of another state’s High court of India. However, in this maintenance case under Hindu Marriage Act HMA Sec 24 below, the Madras HC has relied upon a Rajasthan HC judgment. What this means is that one could use judgment of another HC in one’s arguments to bolster their case if it does. ————————————————————————————- IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:4-11-2006 CORAM : THE HONOURABLE MR.JUSTICE S.ASHOK KUMAR C.R.P.PD.Nos.1505 and 1506 of …[Continue Reading]
Marriage expenses cannot be returned to wife/in-laws
Here is a judgment of Mumbai High court which says that there is no provision in law for return of marriage expenses. The said judgment is in context of a nullified marriage on grounds of epilepsy of wife which was not disclosed before marriage. However, it seems clear from judgment that no provision exists in law for return of marriage expenses in case of divorce either. http://indiankanoon.org/doc/462782/ Full text of the judgment with relevant sentences in bold follows: Equivalent citations: AIR 2005 Bom 62, 2005 (1) BomCR 591, 2004 (4) MhLj 1052 Bench: S Mhase, R Mohite Sudha Suhas Nandanvankar …[Continue Reading]
Thrown out spouse can get divorce based on desertion under Hindu marriage act
Below Mumbai HC judgment explains the concept of constructive desertion on part of a spouse which can enable other spouse to get divorce on grounds of desertion as defined under Hindu marriage act (HMA) 1955. What constructive desertion in this case means is that if one spouse throws the other out of house, then the other spouse can get divorce on grounds of desertion by first spouse. Now, even though on the face of it, it seems as if second spouse was the one who has deserted the first. Easy to understand? This one is suited for legal minds! Below …[Continue Reading]
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