Case referencing
Bhuvan
(Querist) 02 November 2013
This query is : Resolved
Hello Experts,
This website helped me a lot in my case (S-125 crpc) and i have shown " Damanreet Kaur vs Indermeet Juneja & Anr" case to prove that i am not liable to pay maintenance.
Judge asked to petitioner's lawyer to submit rebut of this case(Damanreet Kaur's).
My Question is:
1) Is there any such rebut case?
2) to rebut, do the lawyer need to submit at least Supreme court decision ( as Damanreet kaur case was decided in High Court) + case date ( to be submitted by petitioner's lawyer) should be greater than 14 May 2012 (as on that day Damanreet kaur case was decided)
3) if possible, please give some sections or case reference for point 1 and 2, so that i can easily say about this in court.
Thanks
ajay sethi
(Expert) 02 November 2013
the aforesasid judgment is an authority on point that previously working wife is not enttiled to maintenance .
In Smt.Mamta Jaiswal vs. Rajesh Jaiswal 2000(3) MPLJ 100, the High Court of Madhya Pradesh while dealing with identical situation observed that well qualified spouses desirous of remaining idle, not making efforts for the purpose of finding out a source of livelihood, have to be discouraged, if the society wants to progress.
i am not aware of any judgment which has decided to the contrary .
prabhakar singh
(Expert) 02 November 2013
nothing more to add.You need not worry about
otherside headaches.The section 125 itself is very clear when it says"(a) his wife, unable to maintain herself, or"hence there can be only case laws in your favor and not against you if you have succeeded in proving that she is 'ABLE TO MAINTAIN'!
