LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sunil Patil (Engg)     19 June 2011

Section 211 & 511

Hello Everyone,

Can someone help in interpreting the sections 211 & 511, in case the wife has filed a maintenance case of2 lakhs per month (1/3rd of salary), although knowing the husband does not earn that proportion to pay.

Which section if applicable from the above 2 can be used?

Thanks for all your help.

Sachin.



Learning

 9 Replies

Tajobsindia (Senior Partner )     20 June 2011

1. These are from which procedural Law ?

Sunil Patil (Engg)     23 June 2011

Hi,

This is IPC itself. Sometime back I'd read on this form itself. Trying to understand in which case scenario its applicable.

Thanks.

Tajobsindia (Senior Partner )     23 June 2011

 

@ Author

1.
In a landmark judgment, the Delhi High Court has ruled that lodging false dowry complaints against men amounts to cruelty and can be a ground for dissolution of marriage. The court granted divorce to a man who alleged mental cruelty by his wife. With this order, Justice O P Diwedi disposed of a four-year-old petition in which a woman had challenged a lower court’s order permitting divorce to the husband. The wife admitted during the proceedings that she had filed a false case of dowry against her husband, in-laws and their relatives in Meerut. As a result of the false complaint, the husband and relatives were in jail for 10 days. Hence these are other IPC sections counter cases post discharge could be filed.


2. However, in instance case in all maint. suits wife asks MOON and unless and until husband's income is brought on record the swift travel to MOON inference becomes irrelevant so far as these two quoted sections of IPC are concerned and further unless and until if wife says she is jobless and later husband proves on material records she is in a cushion job in that case there are several sections of CrPC / IPC which can be used but post evidence stage for just justice.


Well, interpreting these two sections for me is irrelevant to subject matter of maintenance as asked. Other ld. writers may try defining  in asked subject context if any. 

danish (Manager)     23 June 2011

Taj Bhai, If husband is granted divorce because of cruelty from wife, will husband will be liable to pay maintanance after divorce.

Tajobsindia (Senior Partner )     23 June 2011

@ Danish,

No. Hon'ble SC and several State's HC have said so.

BTW how to prove cruelty is all the more difficult a que. to answer when no such cryptic definition exists under Family Law.

danish (Manager)     23 June 2011

@ Taj Bhai,

Sir,  what about after winning a false DV and False 498a case , Husband can prove cruelty after winning the false 498a case. In that case I belive no need to prove  cruelty etc.

Sunil Patil (Engg)     23 June 2011

Thank you sir

a.b.natraj (inicitar)     28 January 2012

weather section 211 ipc can impose by court after the proceedings or during the proceedings ?. supposed after my acquittal i can impose this section what is the time limit?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

After acquittal only.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register