Domestic violence and maintainence
Dheeraj kumar
(Querist) 28 June 2013
This query is : Resolved
Hi sir/madam
My wife left the house 6 mnth back after 2 month she puts 498A and later after 3mnth Dv case
During DV case i got to know that she left her job (software engineer by proffesion)education B.E. she had working for the past 2 and half year B4 marriage.
Salary appr 20K per mnth
After leaving her job she immediately filed DV case asking for maintenance 20K per month Its clearly shows her evil intent and deliberately leaving of job to get maintainence
But I would like to know what document/evidence required as a proof that she deliberately left her job to get maintaince and compensation
Pls advice
Advocate M.Bhadra
(Expert) 28 June 2013
Collect the information from the ex-employer and submit to the Court.
A Judgment :-------
An educated woman who is capable of maintaining herself but quits her job voluntarily, is not entitled to alimony from her estranged husband, the Delhi High Court has held.
Justice Pratibha Rani dismissed the woman's plea, which had challenged a lower court's order denying her maintenance on the ground that she was well-qualified and working in the past, but had quit her job out of her own free will.
"The additional sessions judge has rightly declined the interim monetary relief to the woman by holding that she was well-educated lady, earning Rs.50,000 per month and had chosen not to work out of her own will though had the capacity to work and find a suitable job for herself," Justice Rani said.
The High Court upheld the lower court's order which had declined her maintenance but had asked her husband to pay Rs.10,000 to take care of their child.
Advocate Tarun Goomber appearing for the man, opposed the woman's plea seeking maintenance for herself as well.
The Delhi-based woman told the court that she worked in a private insurance company as an assistant manager but had quit the job as the firm was shifting to Bangalore.
She contended that she did not move to Bangalore to comply with a lower court's order to allow her husband to visit the child.
Goomber, however, contended that she never approached any court to modify the order granting visitation rights to his client.
Opposing the plea for maintenance, he argued that with the passage of time the child is now in school-going age and "thus, it is more convenient for a working mother to be in the job than to sit at home."
Justice Rani dismissed the woman's plea referring to a Madhya Pradesh High Court judgement which said, "A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendent lite alimony".
Rajendra K Goyal
(Expert) 29 June 2013
Agree with the expert, nothing more to add.
Raj Kumar Makkad
(Expert) 29 June 2013
She is not entitled for the grant of maintenance in the given case as there are plenty of such judgments which clearly establish that such wife iis not entitled to claim maintenance who has left job just for maintenance.
Dheeraj kumar
(Querist) 01 July 2013
Hi Experts
Can you please provide me atleast 1 or 2 judgement related to this.
Thanks
prabhakar singh
(Expert) 01 July 2013
POONAM …PETITIONER VERSUS MAHENDER KUMAR …RESPONDENT Criminal Misc. No.M-24684 of 2008 (O&M) BY SUPREME COURT
