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Kamlesh (Manager)     01 February 2011

Section 24

The Petotioner,husband files for divorce under cruelty. The wife charges with section 24, although she is working and earning sufficiently to support herself. The current expenses of the child are borne by the husband. What are the probability of verdict on section 24, in favor of Husband or wife.



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 5 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     01 February 2011

At any cost husband have to maintain his child. Supreme Court once in its judgment stated "BEG  BORROW or STEAL" to maintain children.

In so for as wife is earning, her salary will speak and maintenance will be ordered in case of minimum wages.  

Avnish Kaur (Consultant)     01 February 2011

if wife is earning well she will not get any maintenance, child cannot be denied maintenance.

Tajobsindia (Senior Partner )     01 February 2011

Originally posted by :Aravinthan S/o Ganesan

"


At any cost husband have to maintain his child. Supreme Court once in its judgment stated "BEG  BORROW or STEAL" to maintain children.

In so for as wife is earning, her salary will speak and maintenance will be ordered in case of minimum wages.  

"

Correction;

It was a remark made for WIFE and not for children as quoted by you. Kindly read down particular SC reporting before misquoting.

 

Jamai Of Law (propra)     02 February 2011

Can you please post both the citations. Thanks

 

1. husband ordered to give maint, by begging, to wife 'for the sake of wife'

2. husband ordered to give maint, by begging, to wife 'for the sake of his kid(s) in wife's custody' 

 

Especially second one is more important and now aday women are asking such kind of charity/donations in the name of kid instead of agreeing to live together happily.

 

Aren't there subsequent citations by Delhi HC that 'unemployed/indigent husband can't b compelled to beg in order to give maint to wife'?

 

G. ARAVINTHAN (Legal Consultant / Solicitor)     02 February 2011

I (2002) DMC 391, 2001 WLC Raj UC 545

Jacob Kuruvila vs Merly Jacob


In both the above judgments ......law laid down "BEG BORROW STEAL" for child


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