Roshni B.. (For justice and dignity) 28 December 2010

Deserter NRI husband asked to pay meagre maintenance!

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Thown out, woman fights back

Dec. 12: A Chennai court has ordered a man who abandoned his wife and fled to Australia to become a film star to meet the educational expenses of his two daughters. The court told Balaji to provide maintenance of Rs 2,000 to his wife Jothi and pay her Rs 6,000 every month to bring up their daughters.

Jothi filed a petition under the Protection of Women from Domestic Violence Act, 2005 with the social welfare department stating that Balaji had abandoned her and sent all his earnings to his parents.

“Balaji was upset since I did not arrange for enough money for him to pursue his dream of acting in movies,” she said. “He threw me out of the house with my daughters, telling my neighbours that an evil spirit had possessed me.”

“After he returned from Australia, he has been providing money only to his parents. I have no assistance to raise my girls,” she added.

Jothi said she and her daughters needed her husband’s house since she could not go back to her parents. Social welfare department protection officer M. Shanthi Saraswathi told Deccan Chronicle that the Saidapet court had ordered Balaji to provide maintenance to his wife and pay for his daughter’s educational expenses from this month.

“Balaji has returned to Chennai and has a real estate business. He has started paying maintenance to Jothi,” she said. “We also retrieved Balaji’s house from his sister, who was occupying it, and now Jothi stays there.”

Officials said any woman facing domestic violence could approach the social welfare department for assistance. “Free legal aid will be provided,” an official said. “Even if a case is pending with the family court, the woman can file a petition under the PWDVA,” they said. (Names changed to protect identity)

https://www.deccanchronicle.com/chennai/thown-out-woman-fights-back-414

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3 Replies

(Guest)

the whole concept of maintenance is unjust and wrong.

I would like to ask -- whether the father of lady in question has got any property. If yes why she is not claiming her share in that..

If that is insufficient she should take responsibility of herself and kids - i.,e. work and earn - if she is not able to maintian kids - she should hand over them to their father.

EVEN ANIMALS - Right from ANTS to matriach ELEPHANTS earn their own livings

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist) 28 December 2010

If she is able to keep the childrens then she should keep and take care of them without any money from husband or let the childrens be with husband.

Wheter she is keeping the childrens for money only it also needs to be probed.

These days women keep children to get more and more money and they do not spend on thier childrens but keep for their enjoyment.

There should be equilibrium in law and justice and its should not be gender biased.

Today women is claiming ,maintenance whether they have any real problem with their husband or not but they are claiming it as a matter of right and it becomes business now to earn easy money. Marry the rich person , do quarrel with them and then claim maintenance and alimony. When she is not ready to co-operate and take care of her husband and family then why she should get any maintenance/alimony. IT MUST BE STOPPED AND BE GIVEN ONLY IN DESERVING CASES WHERE HUSBAND IS GUILTY AND WIFE IS INNOCENT.IT WILL SAVE THE FAMILIES.

It is a jungle raj and way to become rich on others money.

If husband has duty to maintain her wife then wife has also duty to take care of him and give love and affection. So there should be no maintenance at all for wife's who are just trying to enrich them by using this ANDHA KANOON.

Certain suggestions to preserve families and to save them:

 No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

 No maintenance and alimony in the 2nd marriage if she has got it in the first divorce.

 No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

 Compulsory mediation for avoiding long legal battle.

 Law should be such that both husband and wife try to reconcile .

 Law should not be favoring anyone to ensure that marriages are saved.

Domestic violence complaint / fir should be filed within 24 hours of alleged incidence in place of today's situation in which wife and her parents try to black mail the husband and his family to agree to their terms and if they do not agree then they file case even after many years.

DV Act must be applicable equally to men and women as today women is more aggressive and ill-treat, abuse, beat husbands and in-laws but the DV Act not applicable to them. It must cover wife's and their families to ensure equality and justice.

Limits provided in the Act for filing mutual consent Divorce after 1 year separation, desertion of 2 year,3 years for IRBM etc. should be removed and it should be only 3 months so both can start their life’s afresh. When two persons can marry without any waiting period then there should be no waiting period for separation.

The most important thing is to fix time limit for completion of hearing and disposal of case in any court say 6 months only. The cases must be tried on fast track basis. The infrastructure of the legislative system should be strenght4ened and cases must be disposed off within 6 months.

For filing cases some minimum requirement of proofs etc. must be there and it should not be like this that for any small small issue anybody can go and file the case.

Specially for family matters pre-litigation mediation must be compulsory and the behavior/flexibility of each party in resolving the issue must be recorded and should be base of their case in future (if any).

Pre-neputal agreement should be made legal so husband and wife are aware before hand what they are going to get or loose if they part there ways and they should be allowed to take divorce on the terms mentioned in the agreement without going to court.

MAXIMUM LIMIT OF MAINTENANCE AMOUNT BE FIXED IN THE ACT ITSELF TO STOP ITS MIS-USE

THERE MUST BE STRICT PENAL PROVISIONS FOR PETITIONER AND ADVOCATES FOR FILING FALSE CASES.IT WILL REDUCE LARGE NUMBER OF FALSE CASES. AS PER STATATICS 95% DOWRY/ DOMESTIC VIOLANCE CASES ARE FALSE.ONCE JUDGES START PUNISHING THOSE INVOLVED IN SUCH CASES THERE WILL BE SEA CHANGE.

Dowry law, Hindu Marriage law, Domestic violence Act etc. must be made equal for both husband and wife. Lacs of husband are suiciding because of these biased laws.

FILE REPRESENTATION BEFORE COMMITTE OF PETITIONS OF RAJYA SABHA FOR CHANGE OF 498a TO STOP ITS MISUSE BEFORE 30.12.2010

If husband has a duty to maintain his wife then he must have some rights also and if wife has right of maintenance then she must have some duties also.

The government of India who has enacted this type of illogical law has on its own part giving this type of maintenance/allowance etc. to citizens of India if they don’t have any earning/job etc. NO not at all.

In NAREGA they are just giving guarantee of work for 100 days and wages for the days worked so this should also be applicable to husband and wife also.

This blackmailing by wife's must be stopped forthwith.