Trial court orders high maintenance to highly qualified wife

no personals pl...we are here to think and share good knowledge...  our legal system is still under british raj... it has not yet got freedom... so are our judges...

REquest to everybody ..Don't drag Utpala's cute daughter here.

@ All who are justifying maintenance to highly qualified wife.

I think all of you would subscribe to what I am saying below

1) A highly qualified wife (forget about age and degrees) can't do any valid work for her expenses.

2) She can't do tutions, find a teaching job in private classes or computer center

3) She should not make even any effort to find an earning for her thinking about compition and pay scales etc. etc.

4) She should simply go to court that right now I am not earning and give me maintenance as per husband's salary so that I can watch SAAS-BAHU serials while eating popcorn at home and idiate/surf and instigate other females to do the same in kitti parties.

5) She is even not worth of making tifffins or doing stitchng work at home or opening a day care for small kids as she may feel it derogatory as per her status and qualifications.

6) Even a domestic help at her house might be more capable of earning and even domestic help had to face less compititon compared to qualified wife.

Some days ago, I went to prepare a number plate for my vehicle and I saw a fellow who did not have legs and had only one hand ........... who was preparing number plates..........I decided to prepare the number plate for him as he was doing nice work among other healthy compititors..............and while he was working..........I asked him.............

1) How much have you studdied --> He replied, he did not studdied at all

2) Since how long are you doing this job --> since two years

3) What were you doing before that --> I was a drivor and used to drive a truck but in an accident I lost both my legs and one hand.

4) How did you learn painting and writing numbers --> I learnt it on my own with the help of another friend who does the same thing.

5) Who all are at your home --> My wife and a daughter.

6) What your wife and daughter does --> Wife works as a domestic help in near by locality whereas daughter is studding in 6th standard.

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Dear Learned Members

I wish to throw some light on institution of marriage and maintenance.

MARRIAGE

The institution of marriage is so sacred that upon such ceremony the whole world assumes a pios bond between the married girl and boy. Just imagine how would someone react if a girl starts living with a boy without formally marrying him or vice-versa. But it is interesting to note that the acts done by the girl and boy as same as they would have done after performing formal marriage. Even without sapta-padi a registered marriage in court is valid.

So marriage is an institution which is respected to maintain social balance in the society and to prevent abuses which may occur if strict rules are not imposed on married couples.

Now suppose after marriage, if one of the spouse due to some unknown but wicked reasons, starts fighting with other spouse with an intention to get rid of the other. If there is a provision to stop unreasonable breakdown of marriage, the wicked spouse would fail in his/her intentions of deserting the other spouse. But if there is no such mechanism, it would be so easy for every person to marry, take benefits of marriage and fly away. Imagine!

MAINTENANCE

Fundamentally, the right to maintenance emerges on its own. It cannot be invoked by any person. Though it is vested in "dependant" but till the dependant is voluntarily maintained by the "guardian" he cannot claim seperate benefits. Only when the guardian stops maintaining the dependant then arises the right to maintenance but never before that.

In the light of above discussion it is very clear that the capability of the dependant is certainly a point to be considered while considering maintenance but it's dependant on peculiar situation of the culprit in the matrimony. Working persons who are able to earn their livelihood on their own do not come under the definition of dependant but if they are forced out of martimony without a reasonable cause, they should be awarded maintenance from the pocket of their wicked spouses. The amount should be imposed as a fine on the wicked spouse and disbursed as maintenance to the aggrieved spouse.

This is the basic principle of maintenance which should be seen as a duty not as a right. I hope I was able to convey my message and clear the clouds about maintenance.

//peace

/Saurabh..V

Saurabh,

1) Do you think husband should remain gaurdian of wife even after aquittal from 498a against him and his family?

2) Do you subscribe that he should maintain even once he has got divorce decree from court on cruelty and or desertion ground?

3) Do you think wife should be allowed to file maintenance even after MCDs under the name of change of circumstances?

4) Do you think a wife for whom husband is gaurdian should be given custody of the child instead of husband who is even guardian of mother while shelling money?

@pc ..

See my answers below:

Q1) Do you think husband should remain gaurdian of wife even after aquittal from 498a against him and his family?

A1) I answered very clearly in my above explanation that if one of the spouse harrasses another by wicked means and brings mischief to the sacred institution of marriage, the other is not liable to maintain the trouble creator.

Every female who files 498a is not wicked. There could be genuine reasons too and if there is an aquittal it doesnt necessarily mean that husband is not liable for maintenance. BUT if this was a frivulous complaint by the wife and judge puts this remark in his judgment, the husband is free to kick the wicked wife and need not pay single penny.

Q2) Do you subscribe that he should maintain even once he has got divorce decree from court on cruelty and or desertion ground?

A2) Answered in my post. A wicked spouse is not to be maintained by the aggrieved but should be vice-versa.

Q3) Do you think wife should be allowed to file maintenance even after MCDs under the name of change of circumstances?

A3) Yes. MCD conditions once accepted are to be faced by both parties. In support of my answer, I would say that change of circumstance could be for both parties. So allowing this provision give fair eligibility to both parties to the divorce suit.

Q4) Do you think a wife for whom husband is gaurdian should be given custody of the child instead of husband who is even guardian of mother while shelling money?

A4) Here a judge is duty bound to find and investigate the better future of the child. A child need maternal care till he/she reaches 5yr age. But unfortunately for father, the child gets so much emotionally close to the mother that he/she would be very reluctant to leave the mother. Hence the decision lies in the clever and intelligent mind of the judge.

//peace

/Saurabh..V

@Roshni B

if she is MA,B.Ed,she can easily get a job.

“If a person can complete her MA BED she can at least maintain”  

If she puts her minimal efforts she can get a job

For Example : If a Widow has did her PG + Bed and has no source of income will she think of this Govt Pay scale very rare 30+ Age criteria NET entrance etc or she will try to get a Job ASAP.

People in Delhi are getting 3000/- month 30,000/- pm and 3,00,000/- pm everyone is living

A Person’s needs will motivate them to work to achieve in their life…

If at all they appoint someone above 30(which is rare),they don't even pay min. Rs. 20,000

Can’t this rare thing happen to the above said MA Bed Wife if she practically puts her efforts?

When did I make it generic??Rather you did,that if she is MA,B.Ed,she can easily get a job.Now you even say she can easily get a lecturer job,which,if you know is even tougher to get than a school teacher job.

U made it generic by this way…comparing with every one despite of not knowing this maintenance women’s abilities

I am born and brough up in Delhi.I know the whole scenario here.My very close relative is also from the teaching background.So I know the in and out of teaching field,much more than you can ever imagine.

These poorly paying pvt. schools DO NOT prefer women below 30.Not even the high paying pvt. schools.If at all they appoint someone above 30(which is rare),they don't even pay min. Rs. 20,000,which is the govt. scale.If you don't believe me,no point arguing with you further.But I stand by my words.

 I will tell you a recent incident happened

I am a SIFF activist I came to know about a victim family

Husband working at a midsized company wife working in a reputed MNC married 3 years back Husband should take care of his old widow mother he is the only son but wife want him to come out of the family to set up a nuclear family husband denied to come out of the home as it will make his old mother who is suffering with cardiac and diabetes diseases ,wife left the home file 498a after that DV maintenance creeping all the family members to PS JAIL Court Despite of working in MNC she is getting Maintenance hurting all the family members of Husband’s family. Judge is not even permitting to file counter to DV case….simple abuse of court process..

You Justify your selves..be optimistic..

@Malik

Your last para draw my attention to the fact that there are lacunas in our laws. Rather I should say that law has been loosely drafted so as to accomodate discretionary powers of the judges. This is where comes the recognition of "good judge" or "bad judge". In similar circumstances, another "good judge" would have allowed counter and the husband would have availed respite and parallely taught the wicked wife a good lesson.

//peace

/Saurabh..V

If husand is duty bound to maintain her then wife is also bound to take his care.

If she takes his care then he must take her care.

There must be difference in termination and resignation if husband kicks wife out than he must pay like in case of simple termination of service and if she deserted then she is not entitled for a single penny like in the case of resignation.

Thanks