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What will happen if Husband refuses to pay Maintenance

Page no : 2

(Guest)

Hiring a good advocate for contesting  498a case and be ready to give evidence in the court in your side.

And post all your information given here .In a court in 125 crpc maintenance case .give your salary details.

You already ask the question in lci forum better to read this in this rhread:

https://www.lawyersclubindia.com/forum/How-much-of-amount-wife-is-eligable-to-take-maintenance-if-37049.asp?1=1&offset=2

revolutionary (NA)     31 May 2011

I would like to enquire from our learned members here the following:

1) Why is a wife entitled for maintainance. On one side, feminists fight about equality and other side demand to be taken care off.

2) If she has been married for say 2 years, then in those 2 years the guys has been responsible for her and taken care of her. Now when they are going seperate ways, why does the husband has to pay for her. I could understand that he needs to support his child

3) During marriage what about all the expenses she incurred apart from the basics, the jewellery gifted to her by her husband and in laws on different occassions. All the money spent on her 4 hr trips to beauty parlours. Foreign trip etc. Gifts given to her parents, sisters etc.

4) All though the 2 years of marriage she had a easy life, watched TV, cooked once in a while, got servants for cleaning and cooking. So there is no duty from her side at all?

please enlighten.

 

Tajobsindia (Senior Partner )     01 June 2011

1. Why is a wife entitled for maintenance. On one side, feminists fight about equality and other side demand to be taken care off.
Take: Feminist movement worldwide is based on emancipated hypes and pedling “lost opportunity cost” somehow first to their own developed countries then being failed there now they are passing the same failed movement to developing countries such as close culture / customary countries of the East without reasling there is nothing called ‘free lunch” anymore.

2. If she has been married for say 2 years, then in those 2 years the guys has been responsible for her and taken care of her. Now when they are going seperate ways, why does the husband has to pay for her. I could understand that he needs to support his child.
Take: Our gender biased laws are changing though slowly but the lordships who wants to present ‘equality’ before subjet sof this nation are in minority that is why “rights” overshadows ‘duties” thus creates a “welfare State” against the very premises of Art. 21 COI hence Art. 15 (3) is a must to be repealed at any cost if "family system" are to be preserved.

3. During marriage what about all the expenses she incurred apart from the basics, the jewellery gifted to her by her husband and in laws on different occassions. All the money spent on her 4 hr trips to beauty parlours. Foreign trip etc. Gifts given to her parents, sisters etc.
Take: Well what they could not get from their dear dad they are claiming that as their ‘freedom’ from you as a free ATM aka husband and it is nothing new that they have not been taught back home as ritual breast feeding days.


4.
All though the 2 years of marriage she had a easy life, watched TV, cooked once in a while,
got servants for cleaning and cooking. So there is no duty from her side at all?
Take: Till the time Art. 15 (3) COI is there the
Apex Court has forgotten to discuss further but yes time will come when it will be discussed hence the word ‘duty’ is gender biased till that time. One each opportunity women writers here do not fail to peddle “women empowerment” without realizing that they are themselves degrading their own gender at the end of gender road less traveled by themselves.   

VIJAY   20 April 2018

I married a girl from TN after accepting an online proposal, within 3 months she filed 498a on my family and relatives and then demanded money. Finally we agreed to pay her and then she went to her native place and filed DV and Maintenance cases in her native place demanding 6 times the money intially demanded.

I went to Supreme Court for a transfer, a senior bench if male judges issues notice to her as 498a was alreay at my place. She just filed Vakalath and dragged the trasfer case without filing response for 18 - 20 months and the SC registry kept giving them time after time (my blunder was to hire an advocate from TN, thought advocates would be loyal to their clients). The petition became ex-parte and it then took another 7 months and I had to get an advocate from Karnataka for the case.

By then it was too late and it was made sure that the petition lands on the desk of a judge from wife's state (not sure how one can allow this and I don't want to mention that judge's name). Within 2 minutes, this judge wanted to dismiss the petiton without even hearing the arguements. After repeated plea and interference of the other judge we got a hearing. The other judge was convinced for a transfer but was blocked with full might from the judge from wife's stat and gave the great reason as "INCONVINIENCE" to her. I think the judges who orderded the notice must be idiots or less competent than this judge from TN who gave the greate reason after 2 years of dragging. We finally had to beg for the release of our pregnant sister and studying brother. Such is the greatness of our Supreme Court.

While she is comfortable at home and enjoying I and our family are shuttling between two states.

I really think a capital crime is far better than these matrimonial disputes which are always in favour of women from local station to SC.


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