I read with interest the news item reported in DNA Mumbai, esp. the headline which is so deceptive. The headline says - Short marriage, small alimony http://www.dnaindia.com/mumbai/report_short-marriage-small-alimony_1336414 Well, here is my take on this deceptive, putting wool over the eyes of public kind of news headline. The news says: A wife of two and a half months wanted her separated husband to bear the expenses of her higher education in the US. The Bombay high court said no. The court refused to enhance the interim maintenance for the woman, a Pune-based dentist. So far so good… we are on track, I mean you got married for 2.5 months and now want spouse to bear your US education expenses? Further… Tina and Nitin (names changed) got married on May 5, 2007 … [Read more...] about Have a short marriage, and screw husband for life!
Maintenance
1 month jail for every month of maintenance default under CrPC 125
CrPC 125 has provision to send husband to jail for not paying maintenance. In a recent judgment, husband was ordered to serve jail term for 44 months since he was in default for 44 months of maintenance ordered under CrPC 125. However sending jail for each month of default probably seems a liberal interpretation, because the plan reading of the section says that a month of jail can be sentenced for each order which is not adhered to.http://timesofindia.indiatimes.com/city/mumbai/Jail-hubbies-who-fail-to-pay-maintenance/articleshow/5466802.cmsMUMBAI: Coming to the aid of neglected wives, the Bombay high court has ruled that men who fail to pay a court-ordered maintenance to their estranged spouses can be jailed for every month that they default on the payment.“This case exemplifies the … [Read more...] about 1 month jail for every month of maintenance default under CrPC 125
Principles and procedures in deciding maintenance under HMA 24
This Delhi High Court(HC) judgment talks about the fact that if wife withdrew large sums of money from joint account of husband, which could not be accounted for in household expenditure; then trial court was not correct in award of maintenance amount without taking this fact into consideration. The case was sent back to trial court to take into account this crucial fact.--------------------------------------------------------------------IN THE HIGH COURT OF DELHI AT NEW DELHISUBJECT : SECTION 13(1)(I)(A) OF THE HINDU MARRIAGE ACTCM(M) No.367/2007RESERVED ON : 02-04-2007DATE OF DECISION: 17-04-2007Alok Kumar Jain ....... Petitionerthrough: Mr.Sandeep Sethi, Sr. Adv. withMr.Anshu Mahajan, Adv.VERSUSPurnima Jain ........ Respondentthrough: Mr.Harish Malhotra, Sr. Adv. withMr.Tanuj Khurana, … [Read more...] about Principles and procedures in deciding maintenance under HMA 24
Indian women can have 2 husbands – 1 to slave on, 1 to pay maintenance
A recent news about a woman who has approached court for maintenance from first husband 3 years after divorce, WHILE she is now married to second husband!http://www.samaylive.com/news/woman-approaches-court-for-maintenance-3-years-after-divorce/661309.htmlThe news is really shocking as given below: The court, after hearing both the parties, pulled up Kirti for creating unnecessary trouble for Mayank, who is now well settled with his second wife and sent the case to mediation centre and asked them to solve the matter expeditiously. The court also asked Mayank to pay Rs.2,000 per month each to her and their son till the final outcome of the case.Comments: As per Indian laws and Hindu marriage Act 1956, the woman is not entitled to maintenance from first husband now that she has remarried. … [Read more...] about Indian women can have 2 husbands – 1 to slave on, 1 to pay maintenance
HMA 24 judgment: Earning women can’t get alimony for ‘unjust enrichment’
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’
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