Trial court orders high maintenance to highly qualified wife

once burnt fingers now TAUBA...

@Utpala: Cute Kid...lucky she is wid u..

they have legalised prostitution also... are we eagerly waiting... for something !!! lo india is still backward...

thanks but y wont she be not with me??I have kept her 9 moths in my womb.beared so much pain to see her face.....giving her my blood and flesh... i have lost many sleepless night for her..

Moreover I can leave whole world for them.Then y wont they be with me??

@

srinivas

You r true.So don't marry.Go for prostituets...u wl be in profit.

BY the way do u have a mother ??Does she have a husband?

chori chori hotha hai marriage marriage... nowadays dono mil gaya hai... last week i read one news in this forum that american nri lost his flats to his wife... and that wife is running away with another... what is this marriage or prostitution or chori... all mixed up... educated and behave like terrorists... if one crosses 50 (s)he will be suffering with diabetes blood pressure and blood sugar and then what you will do with flats... you cant even digest what you eat... why there is a need for greed to loot husbands... disgusting married women prowling and hiding under maintenance and alimony and looting by way of divorces... outright prostitution... love is only between mother and child everything else is not at all love... fundamentals of trust care love are totally washed out in this generation... 

i have a mother and father also... and they dont claim maintenance with each other because they are old and frail... simply dragging each day into another with lots of love and care... 

does your cutie has a father... do you have a husband... my parents sends their best wishes to him...

 my parents sends their best wishes to him...

u need it more than my husband.!!!

 my parents sends their best wishes to him...

u need it more than my husband.!!!

@utpala - What is your background, are you a female activist supporting females filiing false 498a and Crpc 125 or it seems that you fave filed false cases against your husband?

what srinivas is saying..may be rude and ugly..it is the truth and the truth is difficul to digest...and I DONT KNOW WHY IT IS SO MUCH DIFFICULT FOR YOU TO DIGEST...

tell me..what is "asking money after sleeeping with husband (man)"? is it not prostitution?....why it hurts you so much?....is not filing cases and then asking money for settlement not "chori" or dakaiti...

Then you tell me what is it?

did utpala say anywhere that she supports false cases??????

Sorry,I can't digest it as prostitution as I don't think your mother is a prostitute.She also slept with your father and  depends on your father's earning for her bread and butter.

False case??Is the story described in the main post is false??Who told you?Do the judges, proceedings of the case in whole dates were based on false??If so who told you......Your IQ???

@Utpala.. I know you have been through alot in life..and a very unfortunate  person...who has not got anything in life...No Love, No respect..no money..and I dont feel bad about what you have written...when I think about your situation I really feel sorry....

About my mother...she is the luckiest woman in the world...has got eveytihng a girl would wish for...she had a love marriage with my father way back in the year 1977...and happily married for the last 34 Years..she eloped with my father and got married....has two sons...and everyting else...love, respect and completely satisfied with life...she NEED NOT be a prostitute...

Prostitution is for people who file false cases ( and applicable to you if you have filed false cases)... who are deprived of everyting in life and have to snatch from husbands.money, respect and other things which they do not get normally...things which are supposed to come naturally to any married woman....by  filing false cases...taking legal help..actually the law is for people like you....for people who are deprived in life...deprived of love, respect and have to snatch from others....and these people are so unlucky that the husbands eventually fight in the courts and kick them out....these females in the end loose completely...and end up in a meagre amount of maintenance..the husbands generally get ahead in life..and the 498A wife is left to suffer....

From your language it seems that you are one of them....

What I am stating is all facts and no hard feelings....

You must understand that whole life is a game of luck...some are lucky and some are not...

I would advice you to join Brahma Kumaris..or read the Bhagwat Gita everyday..I am sure it will be able to guide you...and you will recover from your illness...

Best of Luck

RV

@Rohit Verma

You dont know about Utpala .You said,"You must understand that whole life is a game of luck...some are lucky and some are not..."

Here Utpala Kaur is also a lucky women who got loving husband (You said ,About my mother...she is the luckiest woman in the world...has got eveytihng a girl would wish for...)   Utpala TOO.

And last you said,"and a very unfortunate  person...who has not got anything in life...No Love, No respect..no money.."

No No She is a very fortunate person who got everything in her life Love, Money Everything.



Its very nice to know about your family .Very Good .

And your thought about the women who files false cases is also acceptable.But her the judgment is decided by the facts ,situation ,position of the parties etc. so we all have to welcome the judgment ,if the aggrieved party doesnt satisfy this verdict then he/she can prefer appeal and Supreme Court is ready to hear the case.

Read This Another Judgment:

JUDGEMENT

Crl.M.C.No. 491/2009      Sanjay Bhardwaj & Ors. v. The State & Anr.   

* IN THE HIGH COURT OF DELHI AT NEW DELHI

 





+Crl.M.C.No. 491/2009

  27.08.2010

  Sanjay Bhardwaj & Ors.        ... Petitioner 

      Through: Dr. Naipal Singh, Advocate

                                         

                                     Versus

  The State & Anr.                ... Respondents

      Through: Mr. O.P.Saxena, APP for the State





      With Mr. Gajraj Singh, SI





   Mr. K.C.Jain, Adv. for the Complainant/Wife

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?  Yes.

2. To be referred to the reporter or not?            Yes.

3. Whether judgment should be reported in Digest?        Yes.

JUDGMENT 

The present petition under Section 482 Cr.P.C. assails an order of interim maintenance under  The Protection of Women from  Domestic Violence  Act, 2005 (in short Domestic Violence Act)  passed by the learned MM  on 16th January, 2008  and confirmed by the learned  Additional Sessions Judge in appeal by order dated 29th February, 2008.

2.    The petitioner was a Non-Resident Indian, working in  Luanda,  Angola  in Africa as a Manager.  He came to India  taking leave from his job for marriage.  Marriage between the petitioner and respondent  no.2/wife was settled through matrimonial advertisement.  The respondent wife was MA (English) and MBA.  As per her bio-data sent before marriage, she was doing job with a Multinational Company.  The marriage between the parties was solemnized on 14th May, 2007 at a Farmhouse in Vasant Kunj and was got registered on 25th May, 2007.  The parties lived together for a limited period of 10 days i.e. from 15th May, 2007 to 19th May, 2007 and from 2nd June to 6th  June, 2007.  While the allegations of husband are  that marriage failed within 3 weeks since  the wife was suffering from a chronic disease about which no information was given to him  before marriage  and a fraud was played.  The allegations made by wife were as usual of dowry demand and harassment.   Since the marriage did not succeed,  the husband/petitioner filed a petition under Section 12 of Hindu Marriage Act for declaring the marriage  as  null and void and the wife  first  filed an FIR against the husband under Section 498A/406 IPC and then filed an application under Section 12 of Domestic Violence Act.

3.    It is not relevant for the purpose of this petition  to go into the details of allegations and counter allegations made  by each other.  Suffice it to say that the learned MM passed an order dated 16th  January, 2008 directing husband to pay an interim maintenance of  ` 5000/- pm to the wife.  He fixed this maintenance without considering the contentions raised by the husband  (as is stated in the order)  that  the husband  lost his job in Angola  (Africa) where he was working  before marriage because his passport was seized by police  and he could not join his duties back.  After marriage he remained  in India, he was not employed.  In  the appeal,  learned Additional Session Judge noted the contentions raised by the husband that he had become jobless because of the circumstances as stated by him and  he had no source of income,  he was not even able to maintain himself and had incurred  loan,  but observed that since the petitioner had earlier worked abroad as  Sales Manager  and  in view  of the  provisions of  Domestic Violence Act,  he had the  responsibility to maintain  the  wife and monetary  relief  was  necessarily  to be provided to  the aggrieved person i.e. wife.  He observed that the wife was not able to maintain herself therefore husband,  who  earned handsomely  in past while working abroad, was liable to pay 5000/- pm to the wife as fixed by the learned MM. 

4.    A perusal of Domestic Violence Act  shows  that Domestic Violence Act does not create any additional right in favour of wife regarding maintenance.  It only enables the Magistrate to pass a maintenance order as per the rights available under existing laws.  While, the Act specifies  the duties and functions of protection officer, police officer, service providers, magistrate, medical facility providers and duties of Government, the Act is silent about the duties of husband  or the duties of  wife.  Thus,  maintenance can be fixed by the Court under Domestic Violence Act only as per prevalent law regarding providing of maintenance by husband to the wife.  Under prevalent laws i.e. Hindu Adoption & Maintenance Act, Hindu Marriage Act,  Section 125 Cr.P.C  -  a husband is supposed to maintain his un-earning spouse out of the income which he earns.  No law provides that a husband has to maintain a wife, living separately from him, irrespective of the fact whether he earns or not.   Court cannot tell the husband that he should beg, borrow or steal but give maintenance to the wife,  more so when the husband and wife are almost equally qualified and almost equally capable of earning and both of them claimed to be gainfully employed before marriage. If the husband was BSc.  and Masters  in Marketing Management from Pondicherry University,  the wife was MA  (English) & MBA.  If  the  husband was working as a Manager abroad, the wife with MBA degree was also working in an MNC in India.  Under these circumstances, fixing of maintenance by the Court without there being even a prima facie proof of the husband being employed in India and with clear proof of the fact that the passport of the husband was seized, he was not permitted to leave country, (the bail was given with a condition that he shall keep visiting Investigating Officer as and when called) is contrary to law and not warranted under provisions of Domestic Violence Act.  

5.  We are living in an era of equality of s*xes.  The Constitution provides equal treatment to be given irrespective of s*x, caste and creed.  An unemployed husband,  who is holding an  MBA degree,  cannot be treated differently  to an unemployed wife, who is also holding an MBA degree.  Since both are on equal footing one cannot be asked to maintain other unless one is employed and other is not employed.  As far as  dependency  on parents is concerned,  I consider that once  a person is  grown up,  educated  he  cannot  be asked to beg and  borrow from the parents and maintain  wife.  The parents had done their duty of educating them and  now  they cannot be burdened to maintain husband and wife as both are grown up and must take care of themselves.

6.    It must be remembered that there is no legal presumption that behind every failed marriage there is either dowry demand or domestic violence.  Marriages do fail for various other reasons.  The difficulty is that real causes of failure of marriage are rarely admitted in Courts.  Truth and honesty is becoming a rare commodity, in marriages and in averments made before the Courts. 

7.    I therefore find that the order  dated 16th  January, 2008 passed by the learned MM and order dated 29th February, 2008 passed by the learned Additional Sessions Judge  fixing maintenance without there being any prima  facie proof of the husband being employed  are  not tenable  under  Domestic

Violence Act.  The petition is allowed.   The orders passed by Metropolitan Magistrate and learned Additional Sessions Judge are hereby set aside.

August 27,  2010               SHIV NARAYAN DHINGRA, J. 

Now Tajobs is alive,He thanked to Rohit Verma.(Frogs(me too as right now dont enough time for LCI as of now preparing for judiciary) don't sleep during the winter. They go into hibernation, which means they are dormant for long periods of time.)

is she getting married or is she being taken away in a custody battle? (she doesn't look like she is of marriage age)

@Roshni

Answer

First of all I’m not against women who got married and have kids she left the home due to some differences or she has faced some harassment from her husband who is a drunkard or suspecting her chastity or some other reason.in that case if she has enough evidences she has the right to get maintenance for her n her kids. I’m against wives who file false cases against their husband n families just for the sake of money. Roshni you had given analysis of pay scales in Delhi Schools.every school needs experiences teachers which is advantage for them,they don’t look for people below 30 yrs of age or are they beautiful its not modeling profession its school. Competition is existing everywhere you have to prove your selves. Women do have Reservation Quota as well.We don’t know what kind of wife she is in the above judgment she has completed MA Bed she can even work as a Arts lecturer in college as well ,just not only for earning but also for getting moral support from society make herself busy in life.

Every case has its own merits, so let’s not make it generic

No.She is neither getting married nor a victim of custody battle.They have got so many enemies in this world who curse them to get into such things to reduce their anguish and frustrations here...yet they are safe amongher parents as they have many true well wishers too here.

Any way..what about you???Married or unmarried??Beautiful and working or ugly and dependent??Have you booked someday for harrassing wife/sis in law??If not yet may god save you.

Happy Ramzan!