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How to claim interim maintainence for working wife.

Page no : 2

Samir N (General Queries) (Business)     15 November 2014

@grishma. You created a fresh  Id just to write your comment on me! The facts stated by you are not applicable to me. I did get over all allegations made by my wife but after it was all over and legally I had won, I voluntarily gave her substantial alimony when the Court ordered virtually nothing.  I am happily divorced today and my ex-wife has only good things to say about me. I have recently been giving advise to women only because this site is very interesting for getting/giving legal advice in matrimonial disputes but it has become extremely pro-male for no reason. Most women do not get proper advice on this site barring a few good advocates who take the time to do so. I have learned a lot about law while going through my legal proceedings and I would like to share the same with others. Women who post comments on this site usually get nasty replies.  Even I was among those who harbored such feelings earlier. Not anymore.  

2 Like

UniteFamilies (Social Worker)     16 November 2014

Unfortunately law is so much biased that most opinions are against woman since it is assumed that by default judge will favour them. There are a lot of woman in this forum who have been given valuable advice but when someone is capable of earning then why they want to live on their husband's money when they do not want him in their life. Also why not take a second chance and improve relationship during counseling only. Is money everything in life? when educated people abuse each other in the court room then what is the difference between them and those who live in slum. If your husband is workaholic then try to work with him to balance personal life. If he is alcoholic then it is understood that a drastic step is needed. Most metro woman lie these days to get high maintenance and later get arrested for lying under oath. They do not realize that nowadays all court orders are public and defamation is also possible as their allegations are now in public document. 

 

Anil Kumar (IT Professional)     16 November 2014

My suggestion is if possible short out the matter mutually and leave happily. Coz if you go for legal litigation then It will be negative for you in feature. No matter if you will win the case and all the legal proceedings in your favour. But when a wife file the case against their whatever reason it will be negative for her only. Coz if she want to remarry to another person then the person will check your profile and past marriage life and of he find that you have file Court case against ex husband. So if possible to you solve the matter mutually and don't be involve in litigation. 

vivek (worker)     16 November 2014

Husbands money or salary is not an ATM machine..if your husband is good and if you are trying to earn money through illleagal method then you will not get any maintenance..

Husband may earn 1 crore and you may earn only 5000rs/- does not mean you get maintenance..

If you husband has done wrong things then only you will get maintenance and you need to prove it..just by harassing and wrong saying of your parents who are trying to spoil your life, you will definately fall into trouble in the future when non will be available.. .. 

A husband getting a salary of 15lacs would never ill treat a wife..

UniteFamilies (Social Worker)     17 November 2014

Here are 79 judgements in which maintenance was denied to wife.

 

https://www.lawyersclubindia.com/forum/LIST-OF-ALL-JUDGEMENTS-WHERE-MAINTENANCE-DENIED-TO-WIVES-86215.asp#.VGp0ZfnF-So

Hats off to the author.

Read judgement number 21,22 and 23. It clearly mentions 3 main topics. Husband's property not counted for maintenance, maintenance not based on arithmetic calculation and claim of high status of husband not sufficient for interim maintenance.

Employable woman cannot claim maintenance.

https://advocateseema.in/files/saket_damanreet_kaur_vs_indermeet_singh_juneja.pdf

 

No maintenance to working woman.

https://advocateseema.in/files/Manokaran_@_Ramamoorthy_vs_M._Devaki_on_21_February,_2003.pdf

 

No alimony to woman who desert husband

https://legalmanthandivorce.blogspot.com/2010/09/alimony-for-woman-who-desert-husband.html

 

No maintenance for leaving job purposely.

https://zeenews.india.com/news/delhi/woman-denied-alimony-for-concealing-facts-from-court-in-delhi_809859.html

 

 

Samir N (General Queries) (Business)     17 November 2014

The long list is certainly VERY helpful to husbands but by no stretch of imagination can this list, or for that matter even a longer list, be generalized to make any conclusive statements such as "employable women cannot get maintenance."  Any good advocate knows that usually, but not always, judgments are fact-sensitive. This is more so in maintenance cases.  I am sure that an equal or possibly more number of judgments can be found that contradict the judgments in the list. For example, there are many judgments that employable women or even employed women have qualified for maintenance.


This is my general statement on the state of affairs in maintenance cases. It is neither intended to encourage wives nor discourage husbands. 

UniteFamilies (Social Worker)     17 November 2014

Check this out.

 

https://epaperbeta.timesofindia.com/Article.aspx?eid=31807&articlexml=WOMEN-NOW-BEING-DENIED-OR-ASKED-TO-PAY-17052014101004

UniteFamilies (Social Worker)     17 November 2014

@Samir

 

May I know how did you deal with maintenance at the time of your case? Woman who cannot maintain herself should be given maintenance but one who can should not be given maintenance otherwise divorce will become business especially when alimony is tax free money.

Pritam (manager)     17 November 2014

My wife was denied maintenance on the ground of able to maintain herself. She is not working but she was working before filling divorce. She filed review petition but in her original divorce petition she mentioned that she never worked so I provided proof and now she is in trouble. Judge is very angry with her but I saved her from perjury. 

grishma (h.w.)     17 November 2014

@ samir n [2 helpful]
nice reply. appreciate.
cm to knw frm ur conclusion tht u hv not only a investigative nature bt also astrological knowledge.
unfortunately with regret i hv to disappoint u. pl. excuse.
yes, u did hv offer ur wife after the legal battle bt did not mk it clear tht u gave the same amt she demand or less.
she did not hv any grudge to accept the amt thn why did she fight ? appreciate to knw tht even after loss of legal battle and also accepting an ex-gratia amt as a luv and affection after result of legal battle frm u still she does not hv any prejudice.
hatts off her and not u.

understand it is true and u hv no reason to fabricate.

Samir N (General Queries) (Business)     17 November 2014

@grishma. I do not participate in this forum to make friends or foes, to get "thanks" or even to get an opinion or feedback on me. I participate purely for the joy of sharing whatever I have learned on matrimonial law and to help others, when I find the case interesting. Therefore, whatever opinion you have of me, please do not express it as it is of no concern to me and certainly is of no relevance to the query posted here. I replied only as a courtesy.

Samir N (General Queries) (Business)     17 November 2014

@Unitefamilies, Maintenance is a very tricky subject.  You really need to highlight relevant facts and bring supporting evidence and witnesses before the Courts. Thats the trick.  All this talk on judgments is a lot of smoke. The fire is in the facts and the evidence placed before the Court.

grishma (h.w.)     17 November 2014

@ Samir N (2HelpU):
true. in real world most of us r cheated. thn in electronic world danger to b cheated is multiple of much much more time.
like u, ur ex might b also interested to do a social service and possiblity mind u possiblity may b m ur ex.
u might b searchig a new victim in guise of helping hand.
yes u r clever and tht i don't say.
u ownself declare and in matrimonial dispute who r called clever tht i don't need to clarify.
just to gv ex-gratia a peanut is not termed as free will.


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