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New formula to decide maintenance??

Page no : 2

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     26 October 2010

 

Still laws and courts are favoring women and mens are victims in the most of the cases due to adverse law.

Maintenance and alimony should only be given if the girl is uneducated and has no other source like parents etc.If she has income and her parents are also able to maintain her then she should not get anything because today marriages are breaking due to this reason also and parents of girl are favoring this as they know they will get easy money.

Moreover many women’s have made it a profession we have read news that many girls are coming to courts for divorce for 2nd and even 3rd times. If alimony and maintenance is banned in the 2nd and 3rd marriage then at least they will try to adjust in the 2nd or 3rd house otherwise every time they will take easy money and search for another guy to gety more money.

MAINTENANCE AND ALIMONEY MUST BE BANNED ONCE A LADY GET IT IN FIRST DIVORCE AND HER CONSENT SHOULD ALSO NOT BE REQUIRED FOR DIVORCE.IT WILL SAVE THE FAMILIES AND REDUCE THE DIVORCE RATE.

 

 e law must be amended so that maintenance can’t be claimed by wives as a matter of right in each and every case. There must be some minimum period like 10 years for which they have married then only they can go for this.

It will reduce such cases and save marriages. Today wives are suing these laws to black mail their husbands and in laws.

Hon'ble Supreme Court and Government of India must think and amend the laws so the marriages can be saved which are breaking because of law in favour of wives. 

Many women’s have made it a profession they marry only to get maintenance and alimony and again remarry and do the same thing this must be stopped immediately by amending laws.

The main reason today for increase in number of cases is these laws which are favoring women. They are blackmailing their husbands and in-laws on small small issues.

I request everybody to send communication to Supreme Court, Prime Minister and Law Minister to Change these laws immediately to save the marriages.

 

 

hedevil hydraheaded (non professional )     26 October 2010

Ghajini, Jewels are the property or the only property that a woman has to herself in the form of Streedhan. So it remains important. If girls own lands and houses or business property, they will talk more often about them than jewels.


(Guest)

It is  clear that The court considered the latest salary slip  while granting maintenance.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     01 November 2010

MAINTENANCE AND ALIMONEY MUST BE BANNED ONCE A LADY GET IT IN FIRST DIVORCE AND HER CONSENT SHOULD ALSO NOT BE REQUIRED FOR DIVORCE.IT WILL SAVE THE FAMILIES AND REDUCE THE DIVORCE RATE.

I have certain suggestions to preserve families and to save them:

  • No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.
  • No maintenance  and alimony in the 2nd marriage if she has got it in the first divorce.
  • No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.
  • Compulsory mediation for avoiding long legal battle.
  • Law should be such that both husband and wife try to reconcile .
  • Law should not be favoring anyone to ensure that marriages are saved.

If the law is amended as suggested above and courts starts giving judgements on above lines i hope that many families will be saved from breaking and our main motto should be to save families and preserve them.

It will definitely help the save the familes and curtail the number of false cases being filed on trival issues.

Please respond after analysing from broader perspective of saving the familes.

 Thanks to all

hedevil hydraheaded (non professional )     01 November 2010

Ok make your recommendations laws. Who is stopping you? 

Bhartiya No. 1 (Nationalist)     01 November 2010

I agree with

hedevil hydraheaded

That everyone should make their own law, no one is stopping anyone. Here we can not change law.

1 Like

Avnish Kaur (Consultant)     01 November 2010

no they dont go for monthly maintenance. they file 498a and ask huge one time alimony to extract maximum.


(Guest)

Look Avnish Kaur

Are you crazy? you said no they dont go for monthly maintenance. they file 498a and ask huge one time alimony to extract maximum.

This topic is related to New formula to decide maintenance??

This topic said about this;

While passing an interim order for maintenance, the court has to keep in mind the means and earning of the man and the law in respect of grant of maintenance to wife and child

In the present case, when the salary of the man was around Rs6,500, granting interim maintenance of Rs5,000 to wife and child was unjust and improper.

And you said about 498 a and ask huge money,bichara husband kya karega` 6500ki salary mai.

Avnish Kaur (Consultant)     01 November 2010

mr kushan , control ur anger i have replied to reply to this post by roshni b where she says

 

see,wives just ask for maintenance which stops once they remarry.but these able bodied husbands and inlaws keep expecting so many things! now who's a beggar?even after passing so many anti-dowry laws,these beggars dont leave their habit!

Bhartiya No. 1 (Nationalist)     01 November 2010

Avinashji,

Why u r going after woman? The %age of such type of unscrupolous women are very less. Only few makes hay in the darkness.

There is nothing wrong in exercising one's right.

They used to have more sacrificial attitude. Most of them used to be good.

The glaring example is Ms Avinash kaur. U too r a v. v. good woman.

Avnish Kaur (Consultant)     02 November 2010

ashustosh ji ,

i am not anti -women, i am for them

i have seen several dowry murders in close social circle. but they were never alive  there to see fate of their 498a men. domestic misunderstandings of mild to moderate nature dont warrant 498a , not every misunderstanding in a marital  home is due to dowry demand. wat i feel 498a is breaking more homes. as soon as a lady files divorce or dv or crpc 125 there is a doubt in mind of male that a 498a is next on the way and they file divorce. even i recommend same to males to save from ill effects of 498a. so matrimonial home has become a home of suspicion and mistrust. real cases of dowry death and harassment mostly go scot free. you please take out some time to visit a metro family court and 498a criminal court. u will urself find out the truth.

laws need to be amended to make punishment for real 498a more harsher and there shud also be a punishment wherea totally  false 498a is filed to harass inlaws and waste valueable time and energy  of law machinery  and young ppl.

if you visit family court in a metro like Delhi/Bombay  or Chandigarh you will see more than 90% cases of 498a and crpc filed to harass husband in divorce cases. these hamper trial of even real 498a cases and create more doubt in minds of honbles. this doubt saves many real 498a husbands.

1 Like

(Guest)

Avnish Kaur

if you visit family court in a metro like Delhi/Bombay  or Chandigarh you will see more than 90% cases of 498a and crpc filed to harass husband in divorce cases. these hamper trial of even real 498a cases and create more doubt in minds of honbles. this doubt saves many real 498a husbands.

This is 100% true,but here there is no sensor or instrument in a court which checks whether the case is right or wrong (false) before filing the cases ,so this thing will happen .Only women should spread this msg to control the false filing of the 498 cases ,like you said earlier.If all the women is having the same thinking like you then the real victim get effective and speedy  remedy in court.:P

1 Like

Avnish Kaur (Consultant)     02 November 2010

There can be a modification in law that if the 498a case is proved totally baseless beyond doubt then there shud be a deterrant punishment. this will make false cases vanish altogether , even if one percent of this 90% false cases are punished.although 211 /511 exist they are not too effective. moreover a 498a complaint leads to direct arrest by corrupt police in some states without any investion, and male side is running to save themselves or get bail they are not eben able to make use of ipc 211 or 511.

Bhartiya No. 1 (Nationalist)     02 November 2010

 Avinash ma'm,

Actually misuse is a transitional malaise from complete subjugation to empowerment/emancipation, and largely attributed due to large scale corruption and inefficient investigation agencies, which is main culprit.

Even real culprits too are taking the shelter of misuse of these laws.

Growing consumerism, advancement and competitive environment too is responsible.

But anyway a female suffers most. Getting out of the court battle is easy than getting out of being lynched or killed.

Law for malicious prosecution is there, but we all know that what one can achieve thru law.

Avnish Kaur (Consultant)     02 November 2010

yes agree with u , even those subjecting women to real cruelty take advantage of large number of false 498a .and real culprits get scot free by bribing PP as it is state vs accused. i personally hear  people murdering wives getting no punishment .

but see other side of coin too , extremely large number of false 498a are vitiating the instituion of marraige and large number of families suffering under criminal law for no fault of theirs except their DIL and son  had adjustment problems.even if it is a transition phase as per u, no one is born to suffer for no fault of his/her. also most often these laws are used against female members of family. subjecting normal families to criminal like treatment creates hardcore anti-social people at the end.

2 days back UP police was ordered not to arrest anyone under 498a without proper investigation and proof. hope this gets implemented in true spirit. otherwise UP and bihar are jungleraj BIMARU states.


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