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Law_Learner (Asst. Mgr.)     05 August 2015

Delhi court says women must work too, denies relief/

Hi Maintenance Victims,

For your reading pleasure. 

https://timesofindia.indiatimes.com/city/delhi/https://timesofindia.indiatimes.com/city/delhi/Court-says-women-must-work-too-denies-relief/articleshow/48353665.cms48353665.cms

 

Regards,

LL



Learning

 15 Replies

S Singh   05 August 2015

What about the child maintenance?

SAINATH DEVALLA (LEGAL CONSULTANT)     05 August 2015

The correct answer is a qualified wife cannot sit idle at home and be at the mercy of husbands alimony.Child maintenance is the duty of the husband.

s kumar (not)     05 August 2015

My wife is B.Com Hon and not working, and I am also B.Com Hon and hv a small business, can I claim  that she should work and urn and she not need to maintanance. Please provide more links if any regarding this.

SAINATH DEVALLA (LEGAL CONSULTANT)     05 August 2015

Submit a memo to that effect in the court

azizurrehan   06 August 2015

My wife is only 10th pass. Can I claim  that she should work and urn. and she did no need the maintanance. Please, reply to it. urgent

ANAMIKA VICHARE (LAWYER)     06 August 2015

You can claim that she is able bodied, but you have to show her work edperience in the past.   Only a qualified spouse sitting idle nothing doing though she can get a job, is not entitled for maintenance.   Scoiety is not meant for creating army of idle people, this isnow held by manyHigh Court judges

 

ANIRBAN CHAKRABARTI (Principal Architect)     06 August 2015

I am attaching the exact Delhi Tis Hazari court judgement. Wife is not highly educated but has done beautician course. Para 6 of the judgement tells all.


Attached File : 304816 20150806204034 285150248 304816 20150806171351 285097129 detail dc wife maintenance denied no explanation why she is idle.pdf downloaded: 386 times

s kumar (not)     06 August 2015

Thanks Mr Anirban, this jugment should be helpfull for many victims. Please if anyone have more jugments or evidence to support to win maintanance case, please post surely.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     23 September 2015

thank you friend for judgement

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     23 September 2015

thank you friend for judgement

kapilshah   23 September 2015

I seriously don't get the double standard approach followed by various courts in India. We keep getting such references of Verdicts where qualified wife is denied maintenance , saying that they need to work . On the other hand if we prove that wife is working. Court starts comparing salaries to give maintenance in their favour. IMO the courts follow a arbitrary approach when awarding maintenance.

ANIRBAN CHAKRABARTI (Principal Architect)     23 September 2015

It is true that judgements are really inconsistent. Recently a Nagpur family court judge has given an order where he has instructed a husband to pay alimony to a jobless wife with Masters degree, and having no job experience. The reasoning is even more surprising, which says if a man marries a jobless woman, just by saying she has masters degree is not enough to avoid maintenance. Law is effectively asking men NOT to marry jobless women !!! Really hilarious.

498fighter   23 September 2015

Originally posted by : BHRIGU DATTA 9475352677
thank you friend for judgement

Sir

My wife has studied MBA, healthy & sitting idle & demanding huge maintenance.Will this judgement be any of help to me?

amaresh   25 September 2015

in my case my wife did divorce petition with 24. my law_yr gave WS. but on thehearing date only hazira has been done on behalf of my wife. SHE or her advocate PERSONAL didnt appear. The honr_bl Judge told us, that on next date will be the evidence day. y law_yr didnt said any_thing on the hearing day(as my wifes advocate was absent). So what will happen on next day. Plz give the stra_tgy or inputs... plz guide....also need some Judgements on 24HMA where qualified wife cannot ask for maintenance...plz experts...advice me...


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