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

In this particular case the wife is well educated and can maintain herself. Despite this, nothing from the news item is coming which explain as to how the court comes to the conclusion that the wife cannot maintain herself. Thinking that a well educated woman cannot maintain herself appears not to be correct.

Further supporting maintenance to well educated women is supporting parasitic feminism. It is supporting robbery of fruits of man's labour. If the fruits of man's labour is being being robbed, the man must refuse to work, must refuse to earn money....... there is no point toiling in a society which does not respect right to enjoy fruits of one's labour.

I can still remember one of my discussion long in past- why should men refuse to marry....... https://www.lawyersclubindia.com/forum/Why-men-should-refuse-to-marry--1748.asp

Such laws are reason enough for men to refuse marriage. Marriage is a slavery for men.

Rajesh Kumar you talked like renuka gupta as you said;In this particular case the wife is well educated and can maintain herself.

If husband left wife then wife should search for job and if she have a daughter than what she do at that time?

You said It is supporting robbery of fruits of man's labour.The law said the if wife left their husband than she is not entitle for maintanance

(4)            No wife shall be entitled to receive an allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.

In this cases you are right .And most imp.there are many reason why wife left husband.

But if husband left wife then wife should entitled for maintanance then you cannot said that;It is supporting robbery of fruits of man's labour.In that cases you said ;the man must refuse to work, must refuse to earn money....And i said then husband should go to jail.

Hi Kushan

Are you sure you have quoted me right? I concurred with Utpla by way of my thanks given to her. So why unnecessary dragging my name in your post above? 

I have been all along talking at length opportunity costs of women and hence there right to maintennace. I have been talking about progressive interpretation of the term maintenance and not confining it to prevention of destitution. So please do not use my name out of the context. If you use my name then give full context.

I think it is unethical to drag someone 's name out of context without gibing full reference of that particular context in which her name is being quoted, in this case dragged.

Saurabh

which line suggests that I am a lawyer? 

Well I reread and found it does not suggest.....In my first line I just asked you....it 's anyone's guess but none can confirm if I am a lawyer or not. . So brother, learn to play around the words.

Peace....

 Thanks, he devil..

Law should be unbiased.

If she can maintain herself then ther should be no maintenance at all.

It must be given in genune cases where ther is nee and not for undue enrichment on others money.

If husband is ready to keep her then ther should be no maintenance at all.

He need a good lawyer to contest his case properly.

Becuase of these types of laws and judgements wifes are not intersted in slightest adjustment and start argue/fight with their in-laws.

There should be maximum limit for payment of maintenance as per prcie index.

@Kushan

There are many finer points of law, which I never try to explain to non-lawyers. As you have raised a very important point, I wish to explain.

Section 125 Cr.P.C. reads as,

(1) If any person leaving sufficient means neglects or refuses to maintain-

(a) His wife, unable to maintain herself, or....

Thus the application can be filed not by every wife only those wife "who is unable to maintain herself". The term is "ability to maintain" and not actual factum of maintenance. The first point a wife has to prove his inability to maintain herself.

The same wording is there in Hindu Marriage Act and Hindu Adoption and Maintenance Act.

Let us examine in this case the wives inability to maintain herself.

The wife is well educated, and thousands of women in the applicant position is maintaining themselves. The court must have examined the Income Tax return of the wife first, to check if she can maintain herself or not, which appears to not have been done. Further, wife can maintain herself as owner of property. Her ownership of property has not been examined. Further, a wife can maintain herself as "coparcener" in her father's HUF after 2004 amendment of Hindu Succession Act, which appears to not have been done. Thus a fundamental point which any applicant should prove in court of law has not been done in the present case.

Further as an Advocate I have failed to understand from the news item as how the matter has reached the High Court? 

In fact, the court has proceed as if wife have some divine right to be maintained by her husband. This view is erroneous, even on existing legal provisions..

Nevertheless, such judgments do come, and that is why Men's Rights Activism is gaining ground.

@Utpala

Your replies seems too much motivated by some personal matter and not at all equated by equality.

The matter in discussion is moving around a girl who is well educated and even earning a handsome salary. Here in my view she do no deserve any maintenance at all. Maintenance as envisaged in the various Acts and laws is only an amount for survival in dignified manner. Its never an amount for luxury. I think 40k per month is whopping and is condemned.

In my veiw every case should be seen in the light of its peculiar facts. If every case is dealt with compassion then it would not matter to the court that the allegations are true or false, maintenance would always be awarded as in above matter.

UTPALA, I've a small question for you. If in case the law was opposite and you were to give maintenance of Rs. 40K to your husband when your are earning 1.5L, how would you react to this?

Marriage is a sacrament be it for girl or boy. If a girl files divorce and maintenance within 12days of marriage, it proves she never respected this sacrament and should be excluded from such beneits as a wife. As far as, marriage of divorced girl or boy is concerned, it should be thought while fixing marriage with the boy or filing such cases against the groom's whole family and not afterwards! We are responsible ourselves for our welfare and not others!

//peace

/Saurabh.V

Your replies seems too much motivated by some personal matter and not at all equated by equality.

@ Saurabh in my personal life there is no such matter, rather I found you are motivated by personal matter.

Here matter is moving around a girl who was married before 12 day only.people marry to live a happy and new life....but here she came back to her home again..do u think she did so for no reason?...

.before answering you I want to ask you if she were your sister or daughter..then would you react in the same way?

yeah..sure I would give him 40k if I earned 1.5L /mnth if honourable court  allows me to do  and if I had any objection regarding this I would submit proofs of her salary and would try to explain causes of why he is not entitled to such an amount and appeal for a revision ...

discussions in such forums should not be made a way to make personal attacks

..thanks

Utpala Kaur

There should be equilibrium in law and justice and its should not be gender biased.

Today women is claiming ,maintenance whether they have any real problem with their husband or not but they are claiming it as a matter of right and it becomes business now to earn easy money. Marry the rich person , do quarrel with them and then claim maintenance and alimony.

It is a jungle raj and  way to become rich on others money.

If husband has duty to maintain her wife then wife has also duty to take care of him and give love and affection. So there should be no maintenance at all for wife's who are just trying to enrich them by using this ANDHA KANOON.

Certain suggestions to preserve families and to save them:

          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 filed within 24 hours of alleged incidence 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.

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 strenght4ened 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).

Dowry law, Hindu Marriage law, Domestic violence Act etc. must be made equal for both husband and wife. Lacs of husband are seceding because of these biased laws.

@Utpala

I humbly apologize if your personal feeligns were hurt in anyway by my comments. It was only a remark seeing the biased view taken by you in your comments. No offense :-). Having said this,  I feel pity of your narrow mindscape to have asked a provoking question about my family/sister/daughter in this open forum. Anyhow, to satiate your question -

Had she been my sister/daughter, I would never have taken her to the court and ruined her future by my own very hands. Further by asking money for maintenance, it amounts to begging, as I see it. Its against my morals. Before the marriage of my sister/daughter I maintained her as a duty and afterwards can I evade by putting the burdon on the husband? It seems disgusting, filthy, unethical and outrageous to the norms of the society which encircles marriage as a sacrament. Such demands by a girl amounts to converting the sacrament to a contract which brings misery to a healthy society like ours.

--------------------------------------------------

As @Utpala rightly mentioned that you would putforth the proofs to show the income by your husband if he earns enough to maintain himself, it is just same case of this girl. She is reported to have been earning 20k p.m. Do you find this amount not enough to maintain one single human-being in India? I think answer is a laudable NO.

Maintenance should be seen as a help to sustain the battle of life for the enstranged wife and not a medium to become rich. The word 'maintenance' in itself hides the very purpose of it.  40k p.m. could never ever be equated as 'maintenance' but is only an exhorbitant extortion.

How shameful would it be on the part of the family members of such girl that they seek money from the husband even when they themself can provide neccessities to the enstranged girl? Isn't it the duty of the parents to reconcile and bring harmony to the girl's married life? By asking maintenance while earning 20k p.m. the girl has shown her state of mind. In such situation a genuine girl who belongs to good family and culture, would either be delved into getting the marriage reconciled or divorce. But candidly she is at the first instance interested in extorting money?? I feel pity of the boy who entrusted this girl who could only walk 12days with him.

//peace

/Saurabh.V

Women need not favour dependent duties but entitlements, be it from parental homes or from matrimonial homes. Her rights can not be subjugated in the name of  duties. There is nothing to feel ashamed to claim for maintenance. Maintenance has been given wider interpretation  by various judgments on case to case basis.   if one is in rented house in a metropolitan city, and want to live in a safe and secure area, 20,000 K is nothing  for a single person. And why one always assume that parents always support daughters when they are facing marital problems. I am sure lawyers in this forum would have come across cases where a woman is not supported by parents and fight her battles with limited emotional resources, just because for parents it would be a matter of shame if their daughter comes back to them. 

Many times many women go through the undignified treatment which the woman in this case has mentioned, and that is ground enough , if it is truth,( I am not saying it is the truth)  for filing a DV case and asking for compensation for emotional, s*xual, and psychological belittling and humiliations( forcing wife to watch p*rnography and act accordingly). 

It's in the backdrop of the  Indian culture, that these provisions have been provided for women, so Utpala need not be pitied but of course may be contested in a dignified way. 

 if maintenance=begging,then why do parents of the husband want maintenance from him?is it not begging?why dont they save enuf money to be used in old age?

why do they beg the daughter inlaw's parents for dowry before marriage(engagement),during marriage and after marriage?indian inlaws and husband are the biggest beggars in the world.dowry demanding culture of india shud make its way in the guinness book of records,as the highest and most expensive form of begging in india....

anyways..........

maintenace to a wife is a part of our culture.just check any ancient hindu literature.it says a man has to give kharcha to his wife,as a duty.

hindu religion is also against divorce.once married=forever married.divorce is a selfish modern concept.signing on a piece of paper doesnt mean u r divorced!

since people dont give a damn to this forever thing in marriage,maintenance is all the more imp.,because in eyes of god u r still married even if some judge has given u divorce.and judge is not superior to god in front of whom you have taken sacred vows......so maintenance stands justified.

@ SAURABH ,your whole answer reflects that you are a very BROADMINDED Person.

I showed my narrow mindset as I answered your question "WHAT WOULD I FEEL IF I HAD TO GIVE 40K TO MY HUSBAND IF I EARN SUCH HUGE AMOUNTS"....BECAUSE AS A BROADMINDED PERSON YOU CAN ASK THIS QUESTION...BUT I SHOULD NOT DARE TO REPLY...

" Seema alleged before the police and the court that her in-laws started harassing her from day one for not having brought huge dowry and....."

MAINTENANCE IS BEGGING BUT HARASSMENT IS A RIGHT?

IS ASKING MONEY FROM OLD PARENTS NOT AMOUNT TO BEGGING??

SHOULD THE PARENTS  TRY TO RECONCILE TILL THEIR DAUGHTER IS BURNT??

ACTUALLY SOME PEOPLE THINK THAT IN SUCH CASES THE WIFE SHOULD SILENTLY QUIT FROM HUSBAND'S LIFE SO THAT HE SHOULD CONTINUE TO KEEP THE MASK OF SO CALLED GOOD AND GENTLEMAN IN THE SOCIETY AND THE WAY TO A NEW MARRIAGE (DESTROYING ONE MORE GIRL'S LIFE)REMAINS OPEN...

AFTER ALL GIVING MAINTENANCE IS CONTINUING RELATION WITH THE OLD WIFE INDIRECTLY...!

WHY THE BOY OR HIS PARENTS DID NOT TRY TO RECONCILE?WHY IT IS THOUGHT THAT IT'S BRIDE'S FAMILY'S DUTY ALWAYS??

WHY SHOULD SHE SATISFIED WITH 20K WHILE SHE HAS SUCH A RICH HUSBAND?

IS IT HER PUNISHMENT FOR NOT BOWING DOWN BEFORE THE DEMAND OF DOWRY OR NOT ALLOWING HERSELF  TO BE USED AS A  S**  TOOL FOR HUSBAND??

HUSBAND MUST BE TRAVELLING IN HONDA CITY...THEN WHY SHOULD SHE TRAVEL IN PUBLIC BUS OR AUTO? SHE HAS RIGHT TO LIVE ACCORDING TO HER HUSBAND'S STATUS....

..........AAKHIR BAHUYEIN GHAR KI IZZAT HOTI HAIN...!!