Eligible for maintenance

prabhakar advocate (advocate) 29 December 2015

If wife is unemployed at the time filing maintenance is entitled to maintenance. You, yourself listed the reasons showing that mere having good or high qualifications won't make a person to get job. Particularly in India, where the unemployment is rampant and women have got certain limitations to lap up whatever the opportunity comes like night shift employment, lack of transport from home to far away places, the courts can consider all these things, if wife's counsel put all those things in the proper perspective. But the most important thing and what even advocates appear for women miss is to prove the fact that wife is not sitting idle and despite her best efforts she could not get employment and how she is meeting the day to day expenses from her parents or friends, after estrangement and separation from her husband. All these facts can be proved by way of unimpeachable documentary evidence. For example, she should file her application copies to various employers seeking employment, loans taken from parents and friends to maintain her self and child(ren), if they are. These things along with the documents proving her registration with job portal and employment exchange. These documents demolish the husband's arguments that she is sitting idle or highly qualified woman is not entitled to maintenance.

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SAINATH DEVALLA (LEGAL CONSULTANT) 29 December 2015

Well, the simple logic legally is though qualified and working,if her income is less than 1/3rd of the husband standard income she is eligible for maintenance.Her income should be sufficient to meet the kind of life she enjoyed at her marital home.These things will be taken into consideratiion by the court while granting maintenance.

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SAINATH DEVALLA (LEGAL CONSULTANT) 29 December 2015

BOMBAY HIGH COURT

A well qualified wife is not entitled to remain idle and harass her husband by claiming maintenance when she is capable to earn; she is not entitled to take advantage when she is in the wrong. This is what a family court said while rejecting the plea for maintenance from her estranged husband.

From the evidence placed before it, the court held, "It is clear that the wife has a good capacity to earn, thus she is not liable to get maintenance from her husband."

What were wife's grounds for demanding maintenance?
The woman had recently approached the court, seeking maintenance. Her application claimed that she was tortured at the hands of her in-laws, so she was staying separately in her maternal house since 2011. Her parents had to bear her additional expenses, the application claimed, and demanded maintenance from her husband.

What did she say to establish husband's riches?
She further claimed that her husband and his family had an affluent, business background, and makes profits of Rs15 lakh per month. She said that he owns several properties across the country and also in Dubai. "The husband has six companies, and 20 bank accounts in Mumbai, Bangalore and Dubai. His younger brother is working in London, his two siblings are into family business. He frequently travels abroad for his garment business. Considering the husband's status, the woman has demanded a monthly maintenance of Rs 2 lakh," reads the copy.

How did the husband counter her arguments?
The husband, however, claimed that in the first place, the woman is not his lawfully wedded wife, since the marriage was dissolved by way of talaq on September 2014. He also stated in his reply that she is a dietician and conducts private sessions at reputable institutes in Mumbai. He said she earns nothing less than Rs50,000 a month. Also, she has made huge investments, amounting to Rs 1 crore, in the form of gold and diamonds, which she has hidden in a separate bank locker, he claimed.

Why did the court say this case was different?
After going through the arguments by both the parties, the court held that as per the revised Muslim law, though a wife is entitled to get maintenance from her husband till the time she does not remarry, this case is different. "In this case, the woman is capable enough to earn and take care of herself. Thus, as per a judgment passed by a Madhya Pradesh high court, the woman, who is well qualified, cannot seek maintenance and cannot harass her husband," the court said, and rejected her plea.

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Amit 29 December 2015

Thanks Prabhakar and sainath ji for your reply.

Born Fighter (xxx) 30 December 2015

Amit,

My take on the subject for both the cases 1 and 2 is a wife who is minimum graduate and who can communicate decently in english can get a Job. The chances may be difficult but not impossible.

The scenario today is completely diffirent from what it was say 5yrs ago. Today there are ample job oppoutunities available in BPOs/retail/IT/Service sector where qualification reqts are minimum Graduates at entry levels and age is also relaxed. Candidates who are UG or 12th pass also do get jobs in BPO industry and people earn anywhere between 8-15k pm at entry level for day jobs. There are many jobs that offer flexi working hours and even work from home opportunities.

I can provide ample cases where women who fit the above 2 cases have got jobs and they are independent now.....im saying so with experiecne being from recruitment indistry

Ladies do not disclose the efforts they have taken to get jobs to court as in most of the cases they do not want to work or efforts in getting jobs are minimal or not in correct direction. How can a well qualified lady with degrees like b.e/b.tech/m.tech/ MBA's remain without a job for ENTIRE LIFE is beyond my understanding.

The BIG QUESTION is whether the qualified wife wants to work or not. when she does not want to work she will give 100 excuses of why she cant work and claim maintenance from husband. Its just like the 100 of excuses people give for not exercising daily.

There are cases where wife is professionally qualified (engineer/doctor/post graduates) who have work exp but not working at time of filing maintenance OR claiming they are unemployed , thereby claiming hefty maintenence from husbands on grounds that they are unable to find jobs/ have a small child etc

In my opinion the court should instruct such qualified women who are capable and can work to do social service with NGO's/Govt Hospitals at flexible hours nearby their residing places........atleast some good work can happen for the benefit of the society.

There is a case i read some days ago where the court asked the wife to work with an NGO for 4-5hrs instead of claiming maintenance from the husband.

There are many housewifes who are doctors/engineers /MBA's from premier BSchools who sit at home after marriage, i dont understand why they blocked seat of a more deserving men/women who could have got admission in her place and needed that qualification to make a happy living for his/her family !

Its time the legal system should relook at the way maintenance is decided for such well qualified women demanding maintenance from husbands without justified reasons.

Amit 30 December 2015

@Born Fighter Thanks for your comment.

I just post a query regarding eligible for maintenance. Question here is not that she is trying to manipulate the things in court.

The scenario today is completely diffirent from what it was say 5yrs ago. Today there are ample job oppoutunities available in BPOs/retail/IT/Service sector where qualification reqts are minimum Graduates at entry levels and age is also relaxed. Candidates who are UG or 12th pass also do get jobs in BPO industry and people earn anywhere between 8-15k pm at entry level for day jobs. There are many jobs that offer flexi working hours and even work from home opportunities.

I can only say about above is competition. When you dont need a change you get many offer but when its your need you dont get even a single job.

I can provide ample cases where women who fit the above 2 cases have got jobs and they are independent now.....im saying so with experiecne being from recruitment indistry

I can show you many MBA and Higher qualification guys sitting at home. Either they accept jobs that are not related to their qualification or at data entry level jobs as you said then why to take higher eduction when you have to do data entry level jobs,

Ladies do not disclose the efforts they have taken to get jobs to court as in most of the cases they do not want to work or efforts in getting jobs are minimal or not in correct direction. How can a well qualified lady with degrees like b.e/b.tech/m.tech/ MBA's remain without a job for ENTIRE LIFE is beyond my understanding. The BIG QUESTION is whether the qualified wife wants to work or not. when she does not want to work she will give 100 excuses of why she cant work and claim maintenance from husband. Its just like the 100 of excuses people give for not exercising daily

Vice-Versa This you can say about man also. Tell me a single case where man has shown his income more than before. I had read one line in this forum itself which i Like " When man is going to marry he is a king but when case started he become beggar. It doest mean that I am saying all man are wrong or all case are geniune. Why man runs from his moral duty.

Born Fighter (xxx) 31 December 2015

my views are not against women in general ..which pls note.

There are single women AND women with kids who do not take a single paisa from their husband nor their parents for their survival post divorce and make a living for themselves by taking on the competition.

Yes there are men who despite being qualified take up jobs of data operator by choice or based on their credentials but atleast they are on their feet and earn for themselves.

When marriage breaks down both parties try to suck each others happiness for money. Eligibility on how much money a women should get and what she is eligible to claim vis.a.vis what a man can give and whether he should and what amount to the wife depends on court and there are no fixed guidelines/rules, which needs to change for better.

umesh verma (Working) 31 December 2015

Hello sir,

My name is umesh verma and I am from ahmedabad, my marriage was in 2009 but my wife who is from kanpur went to her house in June'2012 and then she fiiled three cases against me and my family Dahej pratha case, gharelu hinsa and 125 maintenance in 2013. Till date we still have not received any summons or notice from there but just 20 days ago I received one message on my cell that crl. case no. then name of my wife V/s me, listed on 08-01-2016.

When I asked my advocate about this then he told me that on this date I should have to present in the court otherwise court will declare result as a X-party.

I want to request you please do help me to understand aout this msg. which i received on my cell and now what should I have to do now.

Please help and guide me.

thanks

Umesh Verma