Dear Learned Members,
I need your kind suggestions and legal correctness about the below mentioned points. I would like to address few facts which are technically correct (u may differ), but need your guidance so that I (many others also) can use them for fighting their maintenance case.
As far as I know, in maintenance allowance laws for wife (divorced/married) and children, there is no clarification about from what part of salary of husband, the maintenance allowance should be allowed. It only states 'whatever honorable judge deems fit'.....what do you think? Is it logical?
For example, if my total salary is 40000, the judge may order 12000.....he/she never thinks that the 40K salary consists of allowances for special/personal purpose also.
Let’s take few examples of allowances (which I know better) in layman language:
- Transportation Allowances- it is the pay which the employer provides for the convenience of an employee to journey to and fro to the office, exclusively. If it’s been shared with estranged wife, does that mean the employee should attend 15 working days? The employer should not object, logically, that too when an honorable judge has done the partition.
- Personal maintenance allowances- it been paid to an employee so that he can bear a descent outlook while performing his duties. Sharing it, does that mean he should stops reporting to duties in impressive dress/uniform? The employer should not object, logically, that too when an honorable judge has done the partition.
- Technical Allowances- it is the allowance which the guy earns due to, he spends whole day in between machines. It’s a grant for his skill and knowledge about those mean machines and not his estranged wife’s. If the wife gets a share out of it, should the guy stop working on them? Technically he can. Should the employer bear the loss due to, the order of an honorable judge?
- Airworthiness allowances- it is earned by the husband since he ensures flight safety and airworthiness of aircrafts (fighters aircrafts too). Sharing it with separated wife, does that mean he should stop putting up his best and let the aircrew and passengers die, falling from high sky? The employer should not object, logically, that too when an honorable judge has done the partition.
- Insurgency Allowances- it is earned by the husband, if he (not the separated wife) is facing life threats 24x7. After sharing, should he run away to safer places, leaving behind his duties and responsibilities? Of course he can. Again, the employer should not object, logically, that too when an honorable judge has done the partition.
- Gallantry award allowances- earned by the husband, engaging himself on some kind of heroism. At least after giving share from it, the guy should stop himself doing such acts and start decorating his manhood with bangles, lipstick etc. The employer should not object, logically, that too when an honorable judge has done the partition.
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- And lots more…..that my private sector/govt. servant friends, out here, may be entitled…
And then if the guy wants to quit the job, the court of law will term it as ‘willfully unemployed’ and may send that person to tour de’prison for a month for not maintaining his estranged queen.
What is the remedy for the problem? Can anyone show such reasons to defend himself from this industry which encourages free earning? Are they still trying to talk about GDP and half salary to wives? Will the GDP grow this way? I know it’s a silly topic, still need your assistance in making out mind….correct me if I am wrong.
I think free earning should be stopped. Instead, order an amount out of husband's salary and call separated wife to do rest (for which he is literally not been paid) of his job.... :)
Regards.
P.S- Please don’t talk about moral, everybody is earning hard money. Nobody wants to share it, at least after separation. Also don’t talk about wife’s contribution to matrimony. Husband shed sweat and blood to earn bread and so does the woman at home to run family…hisaab barabar
