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sivani (engineer)     20 August 2010

maintenance mockery by HC

One of the Headlines in the paper today reads as follows
HC: base maintenance on family income
It says that the Bombay HC has said that the joint family finances of a man can be considered while determining the quantum of maintenance to be paid to his estranged wife.  It gave it's order in a case involving a 31 year old Pune businessman.  The HC has hiked the maintenace by 8 folds!!!!!  Sounds like justice is finally coming to women, isn't it and many men will jump and say how judges favour women and the legal system favours women, how the system is biased towards them etc etc Isn't it?  WHAT A JOKE.  Read on......
The maintenance was hiked from Rs. 2,500/- to Rs 20,000/- for the estranged wife and their minor daughter and do you want to know what the the income of the family is?  Rs. 3 CRORES.   This is absolute mockery of it's own word.  In the same breath the HC says 'base maintenance on family income' and within seconds gives a contradictory judgement by giving a pitance of Rs. 20,000/- .  What a joke. 



 48 Replies

Bhartiya No. 1 (Nationalist)     21 August 2010

Yes, this is true, I have seen that in so many cases, Rs. 200/-  to Rs. 300/- PM is awarded as maintenance  to an unemployed divorced lady. Our court is not so sensitive on this issue, still  they live in the era of 1920s. Everywhere, everyone knows that how much maintenance generally court's awards. There is nothing new in this type of injustices.

Now they have gone a step further by awarding maintenance to estranged husbands. A whole new concept is coming out.


(Guest)

1. yes you are right what a pittance...... so as per you two that means all those Lawyer were fools here to have picked up these case where Rs. 200 - 300/- bucks were given as "compensation" and yes these awards are the most common all over India as per you I agree bze you two are the only one saying so. Sometimes read citatios from all HC's too and BTW national maint. average is Rs. 3300/- if you do not know this much then learn it form Legal Reporters.  I pitty those hand to mouth lawyers whose female clients got award of 200 - 300/- and wonder what professional fees they might have got Rs. 15 - 20/-  kya out of these national average female clients? Isse acha to daily wage majdoor kama leta hai and as per Minimum Wage Act, Govt. says a able bodied man / women in India earns minimum Rs. 4.5 K so you two tell lawyers to take up other professions now instead of earnign Rs. 15 - 20/- from their female clients..........



2.
yes you are right what a pittance, that is why girls pick only those rich families whose joint income are more to get married so that they can get atleast Rs. 20 K "compensation" just after first night alleged "legal rape". Eikdum sahi kaha tum dono ney..........


Hats of to your legal knowledge that also in a Family Law forum...........

Vishwa (translator)     21 August 2010

When all these ladies get the benefit of gender-biased laws like the DV act, this is the maintenance they deserve. What is sauce for goose is also sauce for gander.


(Guest)

family icome cannot be taken as husbans' income tats why this was the allowance. court has  still done justice

Guest (Guest)     21 August 2010

Yes. Ms. Sivani, you are absolutely correct.  With due respect, indian courts are the miser most when awarding compensation to the needy.  My statement is not just on the basis of maintenance provisions in matrimonial laws.  But in general. 

In Bhopal Gas tragedy, the outlook of hon'ble S.C. by mediating itself to allow the culprit to go away scot free by receiving pittance and even not distributing that pittance to the thousands of victims from 1984 till date.

In labour law matters, the same approach is applied.  When labour court awards 1.50 lakhs for illegal termination, the management approaches the H.C., the compensation reduces to 75/50 thousand and from there the management approaches the S.C. the amount reduces to 50/25 thousand.  Refer various judgements.

In Motor Vehicle Act, the compensation to be paid to the victim is tabulated at the end of the statute as "Scheduel".  There you find out that if a rich person dies he gets a very huge compensation and a poor rickshaw puller  dies he receives pittance, as per the schedule.

In Workmen's compensation Act, the same procedure is followed that if a workman dies in accident while performing his duties, he is awarded compensation as per Schedule of the Act and the amounts mentioned therewith are pittance.

If a rich boy aged 8 years and a poor boy aged 8 years while playing with each other, both fall in the sewer and die ( in Delhi it is quite normal thanks to MCD, NDMC, Delhi Jal Board, C.P.W.D.) they get different compensations on the basis of the economic status of their parents.  The rich boy's compensation runs in crores and the poor boy's compensation runs in thousands.

The accident victims of aero-plane and train have different compensation packages.

The courts express very noble thoughts while describing the plight of the maintenance / compensation seekers, but in the last paragraph of the judgement, the figure that pops out, takes away the spirit of judgement.


(Guest)

@ Mr. Prabhakar,

Kindly now get allowed selling "kidney" and "liver" of husbands so that a abala /  poor / un employed on the roads living wifes' gets "compensation" as per legal professionals bald pleadings throwing the current law in hand away.


Well I will be the most happy professional the day Organ Transplant Act is amended to allow Husbands to sell their Kidney / liver atleast my medical business one hand will shoot up and on the other hand a hand to mouth sustaining husband who can't pay un reasonable "compesation" award of court will be able to atleast sell his Organs curtsey State (Amendmenet) on Organ Transplant Law and pay "compensation" to errant wife instead of being thrown to prisons with no respite for even a bail in cases of non payment of "compensation" awards of Courts. You are quite well aware of thousands of husbands in Tihar Jail (Delhi) who could not pay "compensation" becuase they are low wage workers but Courts have awarded high "compensation" since you prayed for it and 10 months back we discussed these poor folks plight by PM ha ha I some bl**dy memory Mr Prabhakar !


Just curious to know your kind opinion to tell readers how a match (of eligiable boy with a eligiable girl in india) is made in a illustrative case; where husband family income is 3 crores and now que. is did they marry their son to a rikshaw wala family status women kya to bring in other Compensation Acts into Family Law forum Sir to misguid readers !. 


 You know damn well how matrimonial match is matched in India ? It is based on "STATUS OF TWO FAMILIES" "THEN COMES CASTE" "THEN COMES CHILD BEARING CHECKUPS" and THEN COMES COMPATIBILITY and so on so forth checkings by both FAMILIES, that also before divorce all these are matched so unless a 3 crore family didnot see the STATUS compatiable of their DIL with them they would not have brought this abala into their family so what she got is also based on REASONING ON STATUS OF COUPLE in a maintenance proceeding which your kindself forgot to tell readers and just went by boy's family status of 3 crores and did a comparitive study on Compensation Acts of various other Laws of the land to cloud readers !!!!.
 

Guest (Guest)     21 August 2010

@ Mr. Arun,

Just curious to know your kind opinion to tell readers how a match (of eligiable boy with a eligiable girl in india) is made in a illustrative case; where husband family income is 3 crores and now que. is did they marry their son to a rikshaw wala family status women kya to bring in other Compensation Acts into Family Law forum Sir to misguid readers !. 

The subject here is the maintenance mockery by H.C.

I showed several examples how courts show their lack of justice while awarding maintenance starting with Bhopal gas tragedy.  Do you have nothing to say, why those victimis have not been paid compensation.  Why differential compensation packages of rich boy and poor boy die in same accident?  What nonsense you talk avoiding the real issue? 

Why do you always think you are a judge and other people are accused standing in the witness box? 

Your lack of knowledge in other laws show your vanity and that is why you want to put restriction that other compensation Acts should not be referred into family law forums.

Have you owned this web-site?  What right do you have to put words in to my mouth, which I never utterered in my earlier post.

Do you think that you are the smartest guy putting baseless allegations against the people quoting some part of their answers and leveling baseless allegations against other people.

Quoting irrelevant S.C. and High Court judgments into the case law and bringing your own inferences is not called intelligence but cunningness and I have never seen cunningness winning in the court of law, but gets clapping from sychofancy mob.  

You canot become moderator but manipulator until you mature enough to accept other people's ideas.  Just adding adjectives of "your goodself" "their lordships" "her ladyship", won't make you humble until you understand other people and express your views avoiding exaggerations like selling kidneys etc. 

You have nothing to say about what I said in my earlier post.  Hence, run to selling of kidneys.

I hope this post will just make you to understand how you have to respond to my posts in future, if you choose to.

Have a nice night.


(Guest)

@ Mr Prabhakar,

Yes, the subject here is Maint. mickery by HC right / I preety well say that too. But you forgot in your hurry response to read the maint. awarded here is under family law and not under other laws as quoted (comparision study) by you which is not needed in family law maint. post simple reason being that a wife is not a daily wage labor in a matrimonial home or now you are saying that she is not a wife but a daily wage labor ! Let me get this also straight. 


Quoting other Acts into maint. to a wife post is irrelevent too and called cunningness, same standards saying it as per your own laid down parameters.


Concerning your other thoughts I am not a Lawyer nor want to become one and when I reply to other Law / Acts topic then remind me about my takes there and let me once again remind you that currently we are here in this Family Law forum discussing maint. awarded by Mumbai HC to a wife and not to a daily wage female labor so now waht you may say ?.


Concerning bald ideas issues - what about you, are you accepting my ideas, no, na so how can you expect me to accept your ideas !

Guest (Guest)     21 August 2010

@ Mr. Arun,

Yes, the subject here is Maint. mickery by HC right / I preety well say that too. But you forgot in your hurry response to read the maint. awarded here is under family law and not under other laws as quoted (comparision study) by you which is not needed in family law maint. post simple reason being that a wife is not a daily wage labor in a matrimonial home or now you are saying that she is not a wife but a daily wage labor ! Let me get this also straight

Who would put sense in your brains?   Is there any post which says that I said wife is a daily wage labour.  Why do you play such  dirty games?  Put words into the mouth of others and start to talk non-sense.

I have got every right to compare family law with labour law.  I do not want your damn censor certificate.  Mind it and do not behave just like censor board.  

 

Quoting other Acts into maint. to a wife post is irrelevent too and called cunningness, same standards saying it as per your own laid down parameters.

If they are irrelevant, they are irrelevant for you, because your sensitivities have become blunt when we talk of less compensation to bhopal gas victims.  When we talk of battered wives, then only your antenna rise and talk non-sense of selling kidneys, filing RTIs etc.

If you feel irrelevant in my post, do not respond.  I do not die without seeing your outrageous responses and cooked up stories of  kidney selling undertrails under Section 498-A.

Stop spreading cock and bull stories.   


(Guest)

what is your problem that you are so irritated ?

are you not a fool that also a professional fool lawyer to add Bhopal compensation into wife's maint - how is it related ?.

1 Like

(Guest)

arun ji please try to understand , if u read his replies u will come to know he considers himself even above delhi hcc juges.


(Guest)

Hon'ble HC at Delhi ? He is thinking himself to be above Hon'ble SC as far as women (wife) centric decisions are concerned

A professional Lawyer sitting at Delhi HC that also passionately fighting for wife's cases does not know of Mr Justice Dhingra's anti women Judgment and asking me that also a layman to point out to him in one of the posts of yesterday - I could make out what is this persons standing now !


(Guest)

above sc? ok then he has no place in india is he from from? Peace Palace in The Hague, Netherlands.

his talent shud be recognised and he shud be given his due rights as a judge at international court of justice at Peace Palace in The Hague, Netherlands. arun ji please understand we people entertrain ourselves by bhajan -KIRTAN / sajan mandli exercise. but this poor chap has no means to entertrain. whole day tension in lowly (as per his perception) indian courts . cant see even a psychologist or psychitarist. arun ji u being related to medical field please help him out.

it reminds me of a sms joke

once chacha nehru went to agra mental hosp. meets a patient and shakes hand. patient asked whu are u. chacha nehru eplies i m Jawahar Lal Nehru prime minister of India. mental patient replied with sympathy u will take some time to recover , wen i came to this hospital i also used to say the same.

delusion of grandeur is well recognised in psychitary. father of psychitary sigmund freud says delusion of grandeur is very difficult to treat . anyway i wish her all the best for a speedy recovery. btw there is a confusion regading its s*x some people here adressing it as mr others as mrs. wat i see is a lady with folded hands and wearing a blouse. wats its real s*x? male or a female?more preponderance being a female wat u say?


(Guest)

 

@ Avnish,

On 20 - 07 - 2010 reply came to me as:

Subject :
right way to address you !
Message :

Dear Sir, I am a man. The photo does not indicate woman. Regards.
From : Prabhakar (M)9958670740

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