Wife getting maintenance acc. to hubby's income becomes news

Good that you gave thumbs up on that Meenal, But, he has also asked for ways to uproot evil of law misuse. So, also contribute with suggestions on how to uproot the evil of law misuse against innocent families.

Dear All,

I have certain suggestions to preserve families and to save them by amending section 498A of IPC and other related laws:

• No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

• No maintenance and alimony in the 2nd marriage if she has got it in the first divorce.

• No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

• Compulsory mediation for avoiding long legal battle.

• Law should be such that both husband and wife try to reconcile .

• Law should not be favoring anyone to ensure that marriages are saved.

• Domestic violence complaint / FIR should be entertained by Police within 24 hours of alleged incidence only in place of today's situation in which wife and her parents try to black mail the husband and his family to agree to their terms and if they do not agree then they file case even after many years.

• DV Act must be applicable equally to men and women as today women is more aggressive and ill-treat, abuse, beat husbands and in-laws but the DV Act not applicable to them. It must cover wife's and their families to ensure equality and justice.

• Limits provided in the Act for filing mutual consent Divorce after 1 year separation, desertion of 2 year,3 years for IRBM etc. should be removed and it should be only 3 months so both can start their life’s afresh. When two persons can marry without any waiting period then there should be no waiting period for separation.

• The most important thing is to fix time limit for completion of hearing and disposal of case in any court say 6 months only. The cases must be tried on fast track basis. The infrastructure of the legislative system should be strenghthened and cases must be disposed off within 6 months.

• For filing cases some minimum requirement of proofs etc. must be there and it should not be like this that for any small small issue anybody can go and file the case. •

Specially for family matters pre-litigation mediation must be compulsory and the behavior/flexibility of each party in resolving the issue must be recorded and should be base of their case in future (if any). •

Pre-nuptial agreement should be made legal so husband and wife are aware before hand what they are going to get or loose if they part there ways and they should be allowed to take divorce on the terms mentioned in the agreement without going to court.

• MAXIMUM LIMIT OF MAINTENANCE AMOUNT BE FIXED IN THE ACT ITSELF TO STOP ITS MIS-USE

• Last but not the least THERE MUST BE STRICT PENAL PROVISIONS FOR PETITIONER AND ADVOCATES FOR FILING FALSE CASES.IT WILL REDUCE LARGE NUMBER OF FALSE CASES. AS PER STATATICS 95% DOWRY/ DOMESTIC VIOLANCE CASES ARE FALSE.ONCE JUDGES START PUNISHING THOSE INVOLVED IN SUCH CASES THERE WILL BE SEA CHANGE.

THIS CAN ONLY ACHIEVED IF IN ADDITION TO INTERACTION ON THIS OR ANY OTHER FORUM ALL CONCERNED KEEP ON SENDING SMS,EMAIL,LETTERS ETC. TO PERSONS WHO MATTER LIKE PRESIDENT,PRIME MINISTER,LAW MINISTER,SPEAKERS,CABINET SECRETARY,HEADS OF DIFFERNT POLITICAL PARTIES ETC.ETC.

Thanks and all the best

Bhaskar jee aap fir shuru ho gaye.

Na Bhaskar jee,na! I do not agree with your above YELLOW shaded sentences.

why meenal, what's wrong with these two suggestions?

Some more :

1. An able bodied educated male / female with marriage duration of less than 1 year should not be eligible for maintenance from the spouse under any section of law. For marriages of duration higher than this also percentage of maintenance should increase only with duration of marriage. Obviously it should be gender neutral.

2. As mentioned earlier by Mr. Bhasker also,

*** Cases should be time bound and maintenance should not be given unless cases are proved beyond reasonable doubt

*** Any interim maintenance so collected should be returned back if the cases are proved false.

In fact the yellow marked ones are absolutely great ideas, thanks for sharing the same Sir!...

These ones are absolutely necessary if we really need to bring a positive change, we will include this in our next amendment proposal too!

"Pre-nuptial agreement should be made legal so husband and wife are aware before hand what they are going to get or loose if they part there ways and they should be allowed to take divorce on the terms mentioned in the agreement without going to court.

• MAXIMUM LIMIT OF MAINTENANCE AMOUNT BE FIXED IN THE ACT ITSELF TO STOP ITS MIS-USE

• Last but not the least THERE MUST BE STRICT PENAL PROVISIONS FOR PETITIONER AND ADVOCATES FOR FILING FALSE CASES.IT WILL REDUCE LARGE NUMBER OF FALSE CASES. AS PER STATATICS 95% DOWRY/ DOMESTIC VIOLANCE CASES ARE FALSE.ONCE JUDGES START PUNISHING THOSE INVOLVED IN SUCH CASES THERE WILL BE SEA CHANGE"

Yes Avani, you are also right!

For preventing misuse, the most important factor to be considered is duration of marriage. Else, people will try to make marriage a business by marrying and leaving for lifetime maintenance.

Meenal Ji,

Kindly give point wise reasoning for non acceptance of these suggestions.

We will interact positively.

Thanks

Every order of maintenance is usurpation of fruits of Men's Labour. It is robbery of highest order. It is charity by the state at some other person's cost. It is politics of theft.

Men must refuse to work when put under any order of maintenance. If you dont have any right on fruits of your labour, working is the silliest thing to do. 

LONGEST THREAD

Yah, order of maintenance is longest punishment to a man...... no remission till his life ends.

While this is just a long thread for some, it could b the matter of life and death for the victim hubby!

Waise bhi, the maintenance should have some connection with the duties of wife too.....should not b granted to those who walk out of marriage for their greed!

Ladies and Gentlemen

Thank you keeping my thread on top.

Your contributions in doing so are commendable.

Regards,

Roshni

avani and live and let live apki ladiyo se roshni ka faida ho raha hai

No problem Zimmer ji,

Ladai to wo log hi kar rahi hain .. Aur rahi baat Roshni ke faayede ki, to even if she gets the highest points on LCI, it does not matter to me. For me, my work is my reward and for some, these points are. So let them take their rewards and I will keep taking mine. Thats the difference between a politician and an activist ! "Kursiyan" (positions and rewards) are for politicians while work is a reward for activists :) :) :) ....

BTW, that does not mean I will let them take money as reward from their hubbies through false litigations !... Thats why I am working in that field and someday I will get rewarded and be able to bring a change in these laws. Till then, whoever wishes to fight, let her do that. And I don't have a habit of tolerating wrong doing or pampering wrong doers. So, I will do my bit to ensure equality and fairness even on LCI.

Kuch logon ko lagta hai hi ye thread unka faayeda kar raha hai isliye isko kheenche jaa rahe hain... Jabki is thread ne multiple times ye prove kar diya hai ki this country is badly affected by unjust maintenance laws which are ruining innocent people. So, through what she perceives as her action, our message is conveyed. So, its fine if this becomes the most significant thread on LCI.