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
Maintenance
Delhi Mahila court denies maintenance to doctor wife from doctor husband
Found this news full judgment of Nov 2014 about a maintenance judgment in a Mahila court in Delhi where maintenance was denied to a woman doctor earning 21,200 p.m. I was aware of something called Mahila thana (women’s police station) which are supposed to make women feel comfortable to file complaint in front of women policepersons. But don’t know what exactly is this phenomenon called Mahila court and the logic behind it, since delivery of justice and courts are something where everyone irrespective of gender, caste, religion will be received equally without prejudice! So what is the logic behind Mahila court? Will women get better justice, or real justice, or gender-sensitive justice there? What exactly will they get in Mahila court which they can’t get in ‘ordinary’ court? Anyway … [Read more...] about Delhi Mahila court denies maintenance to doctor wife from doctor husband
Gujarat HC allows examining account books of wife’s employer in maintenance case
Short summary: To prove his wife is working and not entitled to maintenance, a Gujarat man gives video evidence of wife working in a firm, the firm owner refuses to identify that woman, court denies man’s request to get account books of firm to confirm salary being paid to wife, and HC overturns trial court order to allow producing the account books. Man does sting on wife to establish her income To prove his wife's employment, Rajesh called the firm's owner as a witness, who said that Meena was not working in his firm. Rajesh produced a video recording in the courtroom, showing a woman working in this office. However, the employer refused to identify the woman. On this, the husband asked for account books to confirm if his firm paid a salary to Meena. The court didn't allow the call for … [Read more...] about Gujarat HC allows examining account books of wife’s employer in maintenance case
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
Woman can’t evict husband just because she pays EMI: Mumbai Family Court
Woman can’t evict hubby just because she pays EMI: Mumbai Family Court MUMBAI: A family court on Monday rejected a wife's interim plea seeking her estranged husband's removal from their Lokhandwala flat where she stays with him and their child, just because she pays the EMI (equated monthly installment to repay home loan). The court, while ruling in favour of the man who pays Rs 90,000 a month for household expenses, said in the current day, it is difficult to ascertain who has contributed how much while purchasing any asset or discharging any liability. "If both contribute to the household, either this way or that way, a particular spouse cannot claim exclusive right, ownership or title in the household property, merely because either the property stands in her name or she has … [Read more...] about Woman can’t evict husband just because she pays EMI: Mumbai Family Court
How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
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