maintenance mockery by HC

renuka ji i don't  know about your case or your qualification at all and i made a general statement and i still believe that people begging courts for maintenance are without any dignity.

u tell me for what wife shld get compensation in this modern society?

@ Mr. Arun,

I do not have any list of particular persons. You will agree It 's all issue based, isn't it? BTW my reply was to Mr. TA, I just forgot to mention @ TA. I may reply to him on some other issue, but not on the same one where I have already posted the Why of it. We may have different opinions, but we need to certainly mind our language. I am using' we' here in a generic sense. 

RG

sir

i have hi regards for ur legal knowledge, this i have always mentioned in my posts. but your level of bias is excessive. at present no such plan. i believe in god RAMA ,Krishana and wahe guru. they will do justice in due course of time.

@ Shivani & Ashutosh

I totally agree with you..

Few months back i read another news article wherein the court ordered maintenance of Rs. 2,500/- monthly to a non earning wife,even though the husband earned 90,000/- monthly.........

I'm sure peons earn more than this.One cannot even fulfill his basic necessities.............but the news was published as if the court did a great job,even though in DV act it's established that the maintenance has to be at par with hubby's earnings and financial status...........Still this happens

No wonder matrimonial laws do not favour women....This favoritism is just on papers..

"No wonder matrimonial laws do not favour women....This favoritism is just on papers.."  yes it is true,

and reality is something else.  even see the condition of ex. wife of MP/ ex Minister,  Mr. Ram Bilas Paswan. It is shame on people like him and shame on us, whose wives are forced to live in a condition, which is worse than animals. We have become so rude, rough and shameless towards our own wives, rather proud of it.

In fact they are most exploited, tortured section of the world.

Without job, man not to pay maintenance: HC

NEW DELHI: Saying that Domestic Violence Act can't be used in every case, Delhi high court has come to the aid of an unemployed man who had been asked by a lower court to pay maintenance to his estranged wife.

HC said in an era of equality of s*xes a person cannot be compelled to maintain others if spouses are on an equal footing. ''Under prevalent laws, a husband is supposed to maintain his unearning spouse out of the income he earns. No law provides that a husband has to maintain his wife, living separately from him, irrespective of the fact whether he earns or not,'' Justice S N Dhingra said.

The high court passed the order while setting aside the order of a family court which had directed the husband, who was unemployed, to pay a maintenance of Rs 5,000 to his wife.

The court said the wife, who was equally qualified as her husband and was working in an MNC, cannot ask for maintenance from her husband who lost his job.

''The court cannot tell the husband that he should beg, borrow or steal but give maintenance to his wife,'' Justice Dhingra said while granting relief to the husband who was an NRI working in Angola in Africa.

Source: https://timesofindia.indiatimes.com/city/delhi/-Without-job-man-not-to-pay-maintenance-HC/articleshow/6448441.cms

I read an article in the Hindu yesterday, a very insightful article on how Maharashatra government has eliminated famine and food security issues. Simple. There was an  amendment to  the act related to famine which said  that there is no such thing as famine in Maharashtra! Now no famine and problem of food security  exist in Maharashtra! What a simple solution to eliminate famine and consequent food insecurity. It also underlined that due to the official denial that famine exist, the response in the times of the calamity( famine) the response is very slow and negligible. 

The analogy does not stop here. Eliminate inequality by declaring equality of s*xes! A reading of the  CEDAW report submitted by the government, leave alone shadow report by NGOs, is enough to show how much gender equality has been achieved, yeah, in this very era. But who cares! Deny that there is no gender inequality, that our lives are not embedded in our socio-cultural norms which are highly patriarchal society, and see how easily gender inequality is removed!!

oops...read :  now see the analogy 

instead of ' the analogy does not stop here'.

and read: socio-cultural norms which are highly patriarchal, instead of highly patriarchal society.

in response to ms rg's reply dtd 22nd aug, 1754 hrs.

Why maintennace ............

yr ans replied by me. thereafter no reply.

if you able to cut the logic pl do.

HELLOW GENDER RESERCHER,

UNDER WHICH UNIVERSITY YOU RESEARCH?

Family Law > Is there any basic diffrence between dowery / maintenance?

- FIRSTLY DOWRY ACT;

- THEN 498A ACT;

- THEREAFTER, DV ACT,   

Already makes the marriage mockery & jockey. Now people compel to think about ‘live in’ relationship. Maintenance hunting (!) is the main cause of it. They (Maintenance hunter) are ruining the essence of marriage. They are the killer of marriage named popular institution. Is there any basic difference between "dowry" & "maintenance"?

Our Government forget that “anything too much” - is bad. Innocent people paying for fault of The Government.

- Is it not?

Tell wife not women.

Under the cover of women, a section of dishonest wife, eating their spouse’s hard earned income. It is a dishonest activity. From the medieval period, this is continuing, without any logical ground. Now the time has come to stop this barbaric system.

The supporters of maintenance must have to answer –

Why maintenance?

Why one spouse will maintain the other?

What logic? On which ground?

I am in favour of maintenance of child, but not wife.

Able bodied wife must have to earn her butter and bread by herself.

Decision changes from case to case, but laws never changes. Even Hon. Justices of Hon. SC had once said that unlike medicine, law too is an inexact science and depends on the judge sitting.  Any decision of HC can be rebutted at SC, even at the same court. Also judges are not obliged to follow the decision in each and every case.

Decision changes like pendulum, even once apex court has observed that “it is wise to correct ourselves than be constantly wrong.” Also see or go thru the following thread.

Forum Home > > Criminal Law > Rape - Sometimes YES, Somestimes NO : SC, HC

MR ASHUTOSH'

"Any decision of HC can be rebutted at SC, even at the same court. Also judges are not obliged to follow the decision in each and every case."

even at the same court?

!!!!!!!

IT IS WRONG.

NO COURT EXCEPT SUPREME COURT CAN CHANGE THEIR PREVIOUS DECISSION.

In India widespread gender discrimination is there, worse than the caste. Also its’ ranking is “India ranks a poor 114th in gender equality” Its’ ranking is slipping with every passing year.

Our law enforcement agencies have failed miserably to protect the right and interest of females. Once India will fail to improve the situation, UN agencies will take up the issue, and already they have taken up the issues and formed a “New UN agency to strengthen women’s voice”. International agencies are keeping watch on this “gender discrimination” issue.

case laws and citatations hardly affects any decision/judgements and mainly depends on the notion of the judge sitting. Since,  case laws and citatations  are there in favour of everyone and changes from time to time. So, even lower court is not obliged to follow them.