Can the husband sell kidney legally to pay for wife maintenance

 The husband is a hindu. Judge has dismissed review petition. 

It really pains me to say this, but Yes, as per section 2 clause (i) read with Clause (1) section 9 of the transplantation of Human Organs Act, 1994. parliament allowed such transplantation of human Organs. This Act reflects the poverty of this nation.

I think you are refering to ADJ, Puralia, West Bengal recent case where this unfortunate Spouse was sent behind bars for not able to pay maintenance to petitioning spouse and was sent to Jail.

Well Mr. Manik Biswash a local humane Ld. Advocate who petitioned before Hon'ble MM to allow this unfortunate Spouse to sell his kidney to get bail and we must congratulate as well as appreciate such Ld. Advocates who donot believe in gender devide on maintenance cases which is the root social evil of all matrimonial disharmony !

Sorry for over shooting my thoughts :-)

U and we all should send SMS to 9732153759 belonging to Mr. Biswas Ld. Advocate who rescued this unfortunate soul if you may so please think so.

Rgds,

D. Arun Kumar, New Delhi, 981162 4141

That ADJ, must be from another planet. It's really shocking to hear such judicial Order view from humanistic angle. The order of ADJ is like a double edge sword cutting both the spouse in one stroke.

Yes, Sh. Assumi Sir, now do you believe in what I mentioned in other post where Indian Law belongs too :-) This is the unfortunate sorry state of Law in Hand and Law as a Source for relief:-)))))

What some sections of society complains in general is that a Ld. Advocate is bad and now same section of society says that the Ld. Hon'ble Chair is bad. Well I am  mere layman so I interpret Law as I may please so :-)

No relief to commonest man is unfortunate bottom line here Sir ji.

Sorry for over shooting my thoughts than what is required.

Rgds,

D. Arun Kumar, New Delhi

Dear Dr.Arun Sir,

                                  Let me comment in other occassion, but certaily we can share privately on this aspects.

I do agree with my all friends. Mr. Assumi is absolutely right stated that The order of ADJ is like a double edge sword cutting both the spouse in one stroke.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691,09271971251

e..mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING PROVISION FOR PAYMENT OF MAINTAINENCE OF WIFE KINDLY NOTE THAT

1.KINDLY NOTE THAT APPLICATION UNDER SEC.125 OFCRPC.FOR  MAINTAINENCE IS FILED BY WIFE IN THE COURT ,HUSBAND APPEARS AND FILES HIS SAY.THEM AFTER GOING THROUGH EVIDENCE ON RECORD AND AFTER HEARING BOTH THE PARTIES THROUGH THEIR ADVOCATES THE APPLICATION FOR MAINTAINENCE IS DECIDED.AN AMOUNT PER MONTH IS FIXED AS MAINTAINENCE.

2.BUT IN CASE OF CHANGE OF CIRCUMSTANCES APPLICATION UNDER SEC.127 OF CRPC IS FILED TO ALTER AND CHANGE THE AMOUNT OF MAINTAINENCE.

3.EVEN HIGH COURT CAN ALTER THE AMOUNT OF MAINTAINENCE IN APPROPRIATE CASES.

4.KINDLY NOTE THAT  SELLING OF HUMAN ORGANS IS NOT PERMISSIBLE  HENCE THE HUSBAND SHOULD BE BRAVE AND FIND SOME ALTERNATE JOB AND PAY THE MAINTAINENCE.

5. IN THE MEAN TIME HUSBAND SHOULD ATTEND THE COURT AND BRING THE FACTS TO THE NOTICE OF THE HONBLE COURT AND PAY WHATEVER MAXIMUM POSSIBLE AMOUNT IN COURT.IN CASE HE AVOIDS PAYING MAINTAINENCE TO WIFE COURT MAY ISSUE WARRANT OF ATTACHMENT OF PROPERTY AND ALSO WARANT OF ARREST FOR RECOVERY OF MAINTAINENCE.

6 I SUGGEST CONSULT A GOOD LAWYER TO DEFEND THE CASE AND HE WILL DEFINATELY GUIDE PROPERLY

IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND DETAILS

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI)ADVOCATE

No maintenance, including interim maintenance, should be allowed to the wife unless she establishes that she is not in a position to maintain herself. It is shocking to see in various cases where maintenance is being allowed, without hearing, in the nature of interim order to able bodied educated women. By what stretch of imagination the Law can come to a prima facie view that an able bodied educated women cannot maintain herself. Law must understand that a human being has complete and unqualified right over fruits of his labour. It is for that man to decide as to how he will spend his fruits of labour. His right on his fruits of labour is not diminished merely because he has committed the mistake of getting married. Maintenance to wife is not bounty, it is not a matter of right of a wife. It must be dependant upon the fact whether the wife has done/ or is doing duty of the wife or not. If the wife is not doing of the wife, a husband is justified in refusing to do his duty of maintaining his wife. I have seen another specious argument in maintenance cases- wife is being maintained by her father. It must be brought before the notice of the court that the wife has been made a caoparcener of her father's household. She continues to be the coparcener even after her marriage to her husband. As a coparcener she has right in all property/income of her father's household- and hence her maintenance in the father's household is her property right- and not a bounty shown by her father. In view of this, if she can be maintained in her father's household- her maintenance application should be summarily rejected.