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(Guest)

Right to maintenance is statutory right of wife,contributory

 

Right to maintenance is statutory right of Wife,contributory negligence cannot be a relevant consideration to throw the applicant's case out of Court.

 
 As such the applicant had a right under the Hindu Adoptions and Maintenance Act, 1956 and also Under Section 488 of the Cr. P. C. to claim maintenance and she has chosen to enforce her right under this Act. The fact as to whether the second marriage was valid or void or voidable matters little and does not affect her right Under Section 488 as it speaks about contracting a marriage valid or otherwise, If the marriage is void the act in question will tantamount to keeping a mistress. In any view of the matter the husband has contracted a second marriage, has failed and neglected to maintain the applicant and had sufficient means and as such was liable Under Section 488 of the Code. Under these circumstances, I hold that the applicant is entitled to claim and get her maintenance after the second marriage,
The learned Sessions Judge has held that the second marriage might have been due to the act of refusal of the applicant to live with her husband and as, such she could not claim any maintenance. In the instant case the applicant has left In November-December, 1971 and the second marriage was contracted In tide month of March, 1972, The span of absence is so short that no force or compulsion for the second marriage can even be inferred. Apart from this the claim of the applicant is neither contractual nor tortious. It is her statutory right and contributory negligence cannot be a relevant consideration to throw the applicant's case out of Court. I hold that there was no proved compelling circumstance for the second marriage or the same can be a relevant consideration to deprive the applicant to enforce her statutory right Under Section 488 of the Code.. Apart from that what the husband did was a penal act violative of Section 494 I. P. C., an offence relating to marriage, marrying again during the life of the wifeTherefore, the second marriage was a void and illegal marriage Under Section 5 read with Section 11 of the Hindu Marriage Act. At any rate the husband took a woman and her status was not that of a legally married 


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 3 Replies

Tajobsindia (Senior Partner )     19 November 2012

I differ to opinion of Jstc. in reference citation. Laws should be gender equal.  

When it comes to giving somehow largesse to a women is there then Jstc. see / dig out all sorts of Dictionary meanings to local customs as (this US social security system concepts r/w UK family laws) but when a male asks for relief such as in USA once say a male was working and now jobless then "means" is straight inference that same Jstc. applies to deny a NRI husband his rightful justice which in my opinion should not be the standard applied as it all leads to more gender biasness and selective application of laws.

Aslo right to maintenance is no more abolute right as per catena of decisions from Apex Courts to various State's Hon'ble HC is also placed for persuasive opinions during our arguments so this reference Judgment stands out as a bias views of one Jstc. as far as my views are concerned to view this judgment you placed in public domain. 

stanley (Freedom)     19 November 2012

These are very old judgements and would not hold good as of date . 

Munirathnam (Scientist)     20 November 2012

Great even courts do not know what law is to be implemented .... in villages the old people (hard working) people makes decision considering the capacity of the people. If wife/women do not work they won't agree and even they scold her and tease her with words etc.... such that other women won't become like that lazy women.

 

Hence there are very few women becomes lazy in villages else how can one man effort in cultivation could save lives of wife, children and parents of husband....

 

But recent days laws are passed to enpower women as per records but actually these biased laws are make more and more lazy women that is destroying many families.

 

If a women has commenense, how can she sit idle at home. 


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