Saturday, January 31, 2009

Court asks woman to pay maintenance to estranged husband

Written by Administrator
Wednesday, 28 January 2009
Court asks woman to pay maintenance to estranged husband
Wife to compensate husband

New Delhi, Jan 27: A working woman's bid to get maintenance from her estranged and ailing husband in a matrimonial case has boomeranged in a Delhi court which not only dismissed the plea but also asked her to bear his expenses.

"From the documents, it is clear that the petitioner is a lady of means and earns handsomely. So her application under section 24 (demanding maintenance from husband) of the Hindu Marriage Act is dismissed," Additional District Judge Umed Singh Grewal, in an unusual order, said.

On the contrary, the court allowed the plea of the estranged husband that, in fact, he was entitled for maintenance and as he was ill and unable to sustain himself.

"The wife is directed to pay Rs 500 per month as maintenance amount to the husband from the date of filing of application... she is also directed to pay Rs 3,500 to the man as litigation expense so that he may engage an advocate," the court said.

The order came on two cross-applications filed by the estranged spouses in a divorce petition seeking interim maintenance from each other.

The wife, a resident of Najafgarh here, had contended that she was a housewife and had no source of income to maintain their four school-going kids.

On the other hand, her husband was a man of means and used to earn Rs 15,000 per month by running a shop in weekly 'bazar' in the area, she said.

However, the court held that she failed to substantiate her claims. The man had countered the claims with documentary evidence and placed on record Income Tax returns of his wife and proved she was earning Rs 9,000 per month.

"It is clear from the tax return for the year 2006-2007 that the woman earns Rs 9,000 per month. The respondent (husband) has placed on record the photograph of 'Puja Kids Care' nursery school being run by the petitioner (woman). He has also placed on records her special Police Officer card," the court noted.

The man also proved that his wife and one of the children were using mobile phones, the court said.

The maintenance applications were filed by them in the petition filed by the woman for grant of decree of divorce to her on the ground of cruelties meted out to her.

Meanwhile, the court dismissed two applications seeking medical examination of the woman and DNA test of one of their kids to ascertain their parentage.

"The forum cannot be used to collect evidence in support of any party," it said.

Bureau Report


How to come out from the Finciancial Losses due to 498A/DV/CRPC 125?
First think we have to accept as soon as you got a 498A type wife, they are not going to spare you and will definitely try their best possible way to harrese you by more and more cases, putting extra burden on you in terms of finciancialy.

The basic principal to come out such situation is to prepare your self to die as a Debit man rather than a Credit man.

You must well aware how indian Judges and LAW makers, Treat the Indian Husbands worse than a animale in this country , they will not show any humunity towards you , as per them , Indian Husbands are only a Free ATM machine. They will remind you the minimum wages act, but the same minimum wages act will not be applicable for wife at all.

As a caution must read :

Being jobless no ground to deny maintenance to wife: Court

A must to do activity : Whenever your so called wife demand and claim that she do not have any place to stay and give interim maintiance or residence etc, immediately , ask the concern auntority to Put her in "Goverment Shelter Home" , get the Booklet form the WCD ministry .

One simple appeal : "The court may put her in any of the recognised shelter house maintained by govt.( the list of shelter homes are endless) as a interim relife and husband are ready to provide all the expenses of the Shelter Home till the time the fianl decision of the Case not decided."
Must Read : Self Reliance V/s Alimony by Indian Husband
At last we SFF memebrs found some sensiable Judge , who think , it is not fair to treat the Indian Husbands as Free ATM Machine. Let all prepare to die as Debit man instead of Credit man, as Per Indian LAW , earning good sallary is crime and you may land up in Jail. Our LAW makers are sleeping and promoting the Legal Terrorism at thier will and we common people have to pay the Price.
Court asks woman to pay maintenance to estranged husband


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