Appeal against interim order by mm
Guest
(Querist) 14 January 2012
This query is : Resolved
Hello sir,
Need your help.
Wife filed PWDVA in Delhi. Wife is MSc(Maths) and MBA(Finance). MM ordered 3K as interim maintenance. Before order, husband had given statement that he earns 60K per month.
Order says "I am prime facie satisfied that the complainant is well qualified and capable of getting some good job at some decent position."
Now wife has appealed in sessions for raise in interim maintenance to 28K.
My counsel says we can go for oral as well written argument but we will go for written.
Need your advice:
1. Should I go for oral or written argument?
2. Will Honorable ASJ consider the order passed by MM or will he take it as a fresh? I mean I've some more proofs like audio recording where she is saying that she has been offered a job but she will not do because she will have to wear sharee. Can I submit that now?
Regards,
Guest
(Querist) 14 January 2012
One more query:
3. I was kind of thinking to offer her 5K myself. But I am confused whether I should offer or let the court decide? If I offer that in written reply, will court take it as good?
Thanks and regards,
V R SHROFF
(Expert) 14 January 2012
How long wife will loose 50k to get your 3k or 20k??
it will not last long.
She is capable of earning, and if you prove that she left job to penalise you for maintenance, she will not get any maintenance. I understand no child.
Arguments are starting with Oral, during the course Written Arguments are submitted, and supporting authorities, and citations are submitted.I always recommend written Arg, as Judge may not record your important argumentation points, by negligence, or if managed. So Let your Written Argument be on Record, there is o harm, and it help us.
He will not entertain any new evidence, unless you prove that you were not aware of it's existence till date. You cannot fill lacuna of earlier proceedings. It is a job of trial court.
V R SHROFF
(Expert) 14 January 2012
Pay her 5k directly, in cash, if yo are so kind hearted
Guest
(Querist) 14 January 2012
Thanks for prompt response Shroff sir!
I know it wont last long but I just want to make it shorter. She doesn't need money, just trying to harass me.
You are correct, we don't have kids as marriage lasted for 3 months only. Then I came to know about her boyfriend. We are living separately for last 1.5 years.
Thanks!
Regards,
Deepak Nair
(Expert) 14 January 2012
1. You should file written argument and do oral argument too.
2. ASJ will not necessarily rely on the order of MM for his judgment.
3. In my opinion, let the court decide teh amount of maintenance.
Deepak Nair
(Expert) 14 January 2012
Since you are convinced regardin the other relation of your wife and also that your wife is just harrassing you, why to part with the extra Rs.2000/- for no reason??
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 January 2012
Dear sir she wants 28 k , and persists on not working may get more than 5k , it is right not alms.
ajay sethi
(Expert) 14 January 2012
your wife is highly qualified . the fact that she is an MSC in maths with MBA in finance means she can easily get a good job .
in your arguments before court you have to harp on the fact that she is highly qualified and capable of earning decent living .
go for oral as well as written arguments
ajay sethi
(Expert) 14 January 2012
a contrary judgement wherein court did not go by wife qualifications
'Pay maintenance to estranged wife’
NEW DELHI:
A woman's qualification and her ability to earn a living do not affect her right to seek maintenance from her estranged husband, a trial court has said.
The court rejected the contentions of a man who refused to pay maintenance to his wife saying that she was well-qualified. Additional sessions judge Virender Bhat said, "When a man marries an unemployed woman, promises to look after all her needs and wants her to be a homemaker, he cannot say that the wife is qualified enough to maintain herself even after their separation ."
The court was hearing the plea of a woman seeking maintenance from her husband on the ground that she did not have any source of income. Her estranged husband works as a deputy manager in a real-estate company earning a salary of Rs 45,000 per month. She also contended that her husband had no other responsibility except to maintain her.
Denying the claim of his wife, the man said she was working as a teacher in a school. "Since she is competent enough to maintain herself she is not entitled to any maintenance from him," his counsel said.
The court, however, trashed his argument saying "No doubt, the appellant holds a MA, BEd degree but the mere holding of such a degree is no guarantee for employment. "
Allowing the plea of the woman, ASJ Bhat said, "The respondent (husband) is directed to pay a maintenance of Rs15,000 per month to the appellant (wife) from the date of the filing of the application before the trial court." The court also directed the man to clear the arrears of maintenance within 2 months from the date of the order.
http://timesofindia.indiatimes.com/city/delhi/Pay-maintenance-to-estranged-wife/articleshow/9616947.cms
Guest
(Querist) 14 January 2012
Thanks Deepak sir.
Thanks JSDN sir, However I didn't understand you.
Thanks Sethi sir.
She can get a good job, this is what I convinced to MM.
To harass me, in place of finding a job, she took admission in BEd course (after six months of filing complain).
As far as I understand, interim is decided on immediate need of applicant and proved income of respondent. In her complain she is saying she need money otherwise will have to face financial hardship. After 6 months she is taking admission in private college of delhi and have attahced fees slip of 70K along with rejoinder.
Is not this wrong?
Regards,
Devajyoti Barman
(Expert) 14 January 2012
It is not strictly the issue of maintenance but the respective status in society in relation to their incomes.
If your wife earns more than you or almost equal to you then you need not pay.
Never rely on verbal argument as in the case of hearing in the higher court you would have no proof to show.
However voluntary payment of maintenance is often regarded as good jesture by the court and there is nothing harm in it.
Raj Kumar Makkad
(Expert) 14 January 2012
The actual income and ability to earn are two different things. court has to take into consideration present position and not the future of the parties. so I think MM has decided the application on erroneous grounds especially when you admitted your income as 60k per month.
Irrespective of your oral or written submissions, appellate court shall definitely hear your wife.
Shonee Kapoor
(Expert) 15 January 2012
Oral arguments are the must, Written are optional.
Also, the amount granted would have been in view of her earning potential, which even the Delhi HC has endorsed that an educated woman with a capacity to earn should not incapcitate herself.
If you think I can be of any assistance, feel free to contact me.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 15 January 2012
It is always individual circumstances of a case that decides such matters of the case and almost every circumstance has to be taken care of,then though expressions here are different but all are valid tools to be applied.
M/s. Y-not legal services
(Expert) 15 January 2012
1/3rd of the husband salary can award as maintenance..
even you are alleging her about her contact with her boy friend., then just try for mutual divorce along with amicable settlements.
-tom-
Guest
(Querist) 16 January 2012
Thanks a ton to all experts.
I've got different type of views and opinion.
And undoubtedly they are so helpful.
Thanks Shoneek sir. I really would like to talk to you, in fact meet you sometime.
I am planning to join SIFF.
Regards
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 January 2012
Rocky baba , to get maintenance is legal right since laws are gender biased not only here but all over world.
