No Maintenance to able bodied educated women

You are right Carlisle, why maintenance to wife only- if at some point of time being a member of a family is sufficient for claiming maintenance- why not maintenance to a girl friend or gay partner or servants or even pets. I am not triviliasing the issue- we have to think -why maintenance? 

Every person is supposed to maintain himself. If somebody is not able to mainain himself, the government is taking the responsibility and ought to take responsibility through old age homes or nari niketan or old age pension. There must be a valid reasons for making one individual responsible to maintain other.

Merely being married must not be such a valid reason for bounty of maintenance for life time for a women. It is rediculous. Maintenance must not be granted based on status, it must be based on needs. Further a person forced to maintain other must get tax breaks- will start a new thread on tax discrimination based on genders and raise this demand for implementation in this budget.

Mr. Rajesh is right,

Why maintenance ?  Now a days  women demands and have equal rights in most of the fields, then way maintenance, they should work & earn livelihood of their own.  I also agree with Mr. Rajesh even if it is to be given then there should be additional tax breaks on that portion also.

Thanks for information

Rajesh Ji,

Can you please provide this judgement  or atlest the date of judgement or name of the judge or case no etc  

Regards

Sameer

Difficult to give details of judgemnt from lower court as they are not reported in journals. They just get some space in public media- from where i quoted.

A wife after divorce is a divorced women, no longer a wife.

You are right in saying about people behaving responsibly in society. However, first resposibility of any person is able to maintain himself/herself. If a person is not able to maintain himself/herself, his/her inrresponsible behaviour is established on the face of records.

Although there may a situation where a person is not able to maintain himself/herself and may need assistance. But it should be rare. It should be based on some tangible existence of facts. Giving maintainenace merely because some body is a women of happens to somebody's wife at some point of time or in present is a sure recipe of making people parasites.

Mr. Rajesh  Kumar,

Can I use this News Paper article (TOI) as a citation in my written arguments against the HMOP filed by my wife? She is MSc and had worked until 2 years before our marriage.  But I am B.Com working as a freelance writer with meagre income. If yes, could you inform me the edition or can I get the case no. for citation. Thanking you in advance.

Hi Rajesh Kumar,

I really liked the arguments/explaination by you. Unfortunately i am the victim of all this. Yet it is at the initial stage. Could you please let me know your contact details? My email id is gauravdeshpande85@gmail.com.

Thanks,

Gaurav.

Gaurav, as you are facing this problem- you need a good advocate to plead your case in court of law. Unfortunately, I am not an advocate practicing in these area of civil and criminal laws, and hence I may not be useful. Activism on an issue (which I do), and advocacy in court of law(which an advocate does) are entirely different. Activism is about changing public opinion, advocacy is about persuation- when ever you try to persuade somebody (read judge) on activist arguments, you are bound to loose.

Fight your case, and dont forget the baised judicial system you have faced. You will change the world.

Gaurav,

In order to fight the case, you should just be patience and tackle every moves effectively. If you show that the wife has deserted you without any reasonable cause and you are still ready to take her, then also the judge will not give any maintenance. If she has hidden anything from the court, just highlight the same initially when they file for Interim Maintenance. This way you show the court that she has come with unclean hands. This will turn the case in your favour.

Plz provide citation of the above judgment if it is cited anywhere.

Thamks

For just one teeny weenie moment, let’s shovel the entire emotional BS associated with matrimony to where it rightfully belongs, i.e., in the commode, and let’s remove our emasculating blinders to look at this ‘maintenance’ charade in practical terms. Firstly, there’s no such thing as a “Free Meal” in life; one has to earn it. If the woman happened to be working for a business establishment and her performance was below par, she would be counseled, re-trained, re-examined and if she was still a burden to the establishment, she would be firmly terminated.  No monthly ‘maintenance’ checks here; just a decisive “Ta Ta”! And if she happened to leave any taxing repercussions in the wake, the company would deal with it – in her absence! On the other hand, if she were, for any whim or reason, reluctant to work, she would be free to leave anyway! No monthly “maintenance” checks here either!  A live-in arrangement, whether matrimony or fornication or whatever, also designates defined roles and performance expectations. Otherwise it would be a ‘freeloading’, parasitic presence. If any member falls short of expectations, they are free to leave or be ousted. So why “maintenance” here? Marriage and divorce just like employment and dismissal should be easy and trouble-free without any punitive consequences; especially not gender-biased punitive consequences. The trouble is, more and more “laws” are cropping up disguised as equitable “solutions” to perceived discrimination but they conceal the claws and fangs of a ravaged feline set on a mission of castration. Lord have mercy! Check out the link below and you’ll see what I mean.

https://havepenwillwrite.wordpress.com/2009/06/06/the-protection-of-women-from-domestic-violence-act-2005-%e2%80%93-evil-no-longer-lurking-in-the-shadows/

Biologically, mentally, emotionally there is difference between men and women. Woman is like earth and man like the wind. One can't be like the other. Those who are cool and moderate lead happy lives, by understanding each other. Otherwise, even god can't save that family.

Well, I think family is an institution created by human beings. As the institution has been created by human beings, "GOD" has no responsibility to save the institution.