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Santosh kumar (lect)     28 June 2015

Sec 24 granted to mba 6 years exp wife

The family court order  Interim maintance at 16K per month even after considering that she had 15K per month as income. MBA graduate with 6 years of experience. Only the fact that husband salary is 1L per month. 

I filed for crpc 340 , he didn't act upon it, no mention of that in judgement. Order sheet doesn't have any order admitting the application or rejecting it. He mentioned in judgement that he looked upon the perjury citations. Still gave this verdict.

He failed to take evidence of wife, Got her bank statements to court There is no mention that he checked the salary. I further mentioned that wife in main petition admitted that she is working , now claims in interim maintenance as she is houswife both on sworn affidavits. 

One part of the petition he mentions that husband used to maintain her properly with atm card and joint account in another paragraph claims that husband failed to pay anything to wife. Disgusting ...

I filed following citations 

Annexure-1: Judgement of Hon’ble Supreme Court of Indiain case of M/S S.J.S. Business Enterprises Vs State Of Bihar & Ors.

Annexure-2: Judgement of Hon’ble High Court of Allahabadin case of Syed Nazim Husain Vs. The Additional Principal

Judge Family Court & another.

Annexure-3: Judgement of Hon’ble High Court of Punjab and Haryana in case of Sunny Bhumbla Vs Shashi Bhumbla.

Annexure-4: Judgement of Hon’ble Family court of Mumbai in  Exh 56 in case A/2050 of 2010.

Annexure-5: Judgement of Hon’ble High Court of Delhi in case of Manish Kumar vs Pratibha , CM(M) 949/2008.

Annexure-5: Judgement of Hon'ble M.P. High Court reported in 2 (2000) DMC 170 in the case of Mamta Jaiswal Vs. Rajesh Jaiswal

 

What kind of jugement is this.



Learning

 7 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     28 June 2015

Corrupted Judge.

Challenge this order in HC with Article 227. Sample petition is there in my profile link.

Born Fighter (xxx)     28 June 2015

  1. Wife with MBA & 6 yrs experience working as AM HR drawing 15k is very low and appears manipulated. Are you sure thats her current &  correct & net income . Dig into this to verify facts. Take help of an HR consultant who will get her correct salary details if you dont have it. Can you get your wife a better paying job than 15k pm, with your salary im sure you can.......you can then file for change in circumstances and your maintenance will reduce/stop. Judge has bridged the gap in salary of husband and wife which is not wrong per se.
  2. Do you have any kid, whats her age ??? Lady will get married so then no need to pay. Think about MCD to end the headeache once and for all
  3. I dont think you have presented your expenditure statement properly. Did you give amounts spent on parents medicines/check ups / rent/ EMI's if any / Loans/Liabilities/Your personal expenses etc. Arithmetically it appears judge has considered 100000 (your net income)/3 = 33k. Since wife gets 15k, he has added 16k from your side to get it to 31k
  4. Appeal to HC, get strong evidence related to false information given, rework on your expenditures.
  5. Perjury will stand better chance after evidence stage is completed. Judge is biased as in  most of the cases. Husbands are made to feel like criminals to be earning more than a wife.

All the Best !!

Santosh kumar (lect)     28 June 2015

This is a two year old case. I quoted 2 year old salary . Present salary was not discovered. Court didn't seek her salary or record her evidence.

Santosh kumar (lect)     28 June 2015

If he is following the 1/3 rule. I have a judgement from the same judge where for a housewife and husband with 80K salary grants 15K maintenance . It should have been 26.5 K 

If for a housewife , his judgement of 15K is proper, In my case even after 15K salary of wife is considered. Another 16K is given.

kapilshah   28 June 2015

My two cents

In sec 24 , can the judge compare the disparity of social status between parties and try to bring a sense of parity ?  In Anu kaul Vs Rajeev Kaul the supreme court bench dismissed the petition stating that wife earning 9K per month is enough for her support. Husband was earning 40K per month.   Even this case there is disparity in income 4.5 times the salary. 

In present case its 15K vs 1L ,  6-7 times the salary so thats too much disparity ? An organization where the wife would be working , would  have unmarried empoyees with similar salaries. How do they support themsleves with similar salaries? Marriage should not be a license to exploit husband, that too in pendelite where fault is not established.

Mamta Jaiswal Vs. Rajesh Jaiswal case , the HC rejected a highly qualified women from getting relief under 24. A highly qualified non working women would always have disparity in social status what the husband enjoys.

The sec 25 can always try to bring parity between the parties thats agreed. But not in sec 24.

Time and again the provision of sec 25 and Sec 24 are getting confused.

Born Fighter (xxx)     28 June 2015

Your matter was decided in June 2015, whereas the details of salaries filed were 2 year old. Your wife salary in 2015 would be higher than 15k, thats common sense if she is still working.

 

You have made a blunder by not finding/ quoting her current salary. What was your lawyer doing ??  The burden of providing evidence of her current salary lies on you. You cannot hold court/wife responsible for not considering this fact.  Find out her current salary and based on other points mentioned above file a revision in high court. Take second opinions from experts in this forum , you can PM me your income/expenditure statements with wife income.

 

Pls do not compare your case with other person earning 80k as you are not considering whether 80k was his gross or net salary, he had kids, standard of living, expenses etc

 

 

Santosh kumar (lect)     29 June 2015

I applied CPC Order XI rule 14 instructing wife to furnish her employment records. The court just sat on it. This with proof that that in main petition she has admitted that she was working under sworn affidavit. The application copy was not served nor mentioned in ordersheet .

Finally bank statements were brought it through court instructions. The judge in his judgement has not mentioned that whether he looked at the bank statement. He just assumes even if she earns 15K , the salary difference is too high .


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