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Tajobsindia (Senior Partner )     18 October 2011

Wife can seek alimony from two husbands k'ka hc says

Take:

1.
Soon she'll find a third HUSBAND (victim) and the then ld. HC Jjudge will say "So what if TWO previous husbands are paying her alimony. You pay too!" - and soon both the judge and the metro wife will become rich at Indian bakaras cost..........


2.
Even some dd. Judges needs to go back to Law school to comment such perverse remarks to second husband in open Court when she is already getting Alimony (i.e. per month) from first husband and yet HC is giving her second alimony (be it one time or per month whatever the outcome be on 21-10-2011) which is bad in eyes of Law for first husband as Law on Alimony clearly says "till she gets re-married" now frm present estranged Spouse who is going to tell the first husband to stop paying alimony or will ld. Jstc Patil call first Husband and ask him to stop paying alimony as she is going to get now from her second husband...the answer is in Jstc Patil's remarks itself i.e. NO..

 

One alimony no bar to a woman getting another

Husband’s counsel tells court that estranged wife is already getting alimony from another ex-husband. Judge retorts: “What is your problem if he is paying? You too will have to pay

 


A man tried to evade paying alimony to his estranged wife by pointing out that she was already getting an allowance from another previous husband. But the judge retorted, “What is your problem if he is paying? You too will have to pay.”The rather unusual situation cropped up in the High Court of Karnataka on Monday, with the man’s counsel arguing, “She is being paid Rs 6,000 per month as alimony by a former husband as well.” Taken by surprise, the division bench of Justice N K Patil and Justice C R Kumaraswamy asked the counsel which husband he was talking about. The advocate explained that the woman had been married earlier and the case in question  was related to her second marriage.

It led to Justice Patil retorting, “What is your problem if he is paying? You too will have to pay.”


The divorce case, which was being heard in a lower court, reached the high court, with concerned parties disputing the alimony amount.

When told that the first husband was paying the woman Rs 6,000 per month, the judge asked, “Does she have a child?” When told that she had a seven-year-old daughter, he asked, “How much of the Rs 6,000 is for the mother and how much is for the child?” He was told that the amount was for both of them.


PROPERTY IS A LIABILITY
The husband’s counsel told the court that his client had agreed to pay a one-time lumpsum amount to his estranged wife. “So, solve the problem. Let the parties talk and come to a mutual agreement. If they do not come to an agreement, you can argue the case on merits. He will have to then pay 50 per cent of his property to her if arguments are done,” the court said.

This prompted the husband’s counsel to tell the court that he had no property. “I do not have anything. I have no property,” the husband’s counsel said.

The court said that these were human problems and there should be trust in the marriage.

The husband’s counsel said, “If she goes about filing criminal complaints on charges of dowry and domestic violence, there is no trust left. No marriage is a benefit. It is always a problem. Acquiring property is a liability in marriages now.”

Justice Patil put an end to the argument saying, “Every couple quarrels, but not all end up in court and jail… Loud arguments will not help anyone in personal problems. The question here is only about maintenance. Is there any problem with the first husband?”

When told there was none, the court asked the couple to meet, along with their counsels, and arrive at a mutually-agreed alimony amount by October 21.


WHAT THE LAW SAYS

Advocate Nagendra Naik says that the wife’s income will decide the alimony. “When calculating the maintenance, the income earned comes into play. Whether the wife is earning is important, but it does not matter if it is as alimony from a previous husband, salary from a job or profit from business. The thumb rule is that the husband has to pay as much to maintain the lifestyle that he himself is enjoying. The idea of alimony is not to punish anyone or make a profit out of the divorce. The judge will balance all these things,” Naik said. However, there is no definite statute that calls for a lumpsum payment. “Maintenance is allowed under Section 125 of the Criminal Procedure Code and Section 18 of the Hindu Adoption and Maintenance Act. Since there is no rule for a one-time payment, it has to come from the general consensus of both parties,” Naik said.

Link:

https://www.bangaloremirror.com/article/1/2011101820111018044358126b2a9682f/One-alimony-no-bar-to-a-woman-getting-another.html

 



Learning

 44 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 October 2011

VERY NICE

Roshni B.. (For justice and dignity)     18 October 2011

nothing wrong in this judgement,though it sounds unjust.

 

if the 2nd husband is guilty of any wrongdoing,he must pay for his misdeeds.his repentence in this manner has nothing to do with previous husband's maintenance.simple logic!


(Guest)

ha ha ha .....But in this post I got two Gyan

1)I thought divorcee if remarried, does not get alimony/maintenance.

 

2)Advocates become rich from client's money-I knew it.But JUDGES also become rich by VICTIM HUSBANDS' money.

But how??


(Guest)

This shows that this wife is not satisfy with the current husband and try to get alimony from the earlier husband in order to establish her earlier connections..What will husband get by doing all this? Think?

Why the earlier one is interested to give alimony?As per law first husband duty to pay maintenance till she gets re-married.

The 2nd husband becomes a victim here as the woman thinks about the previous one.

She will enjoy both the company.That is called corrent Draupadi. Do pati.Do alimony.They have made some settlement outside the court so court will said,What is your problem if he is paying? You too will have to pay;)

 

Do Bechaare (husband) Bina Sahaare

Do Bichaare Bina Sahaare, Dekho Puchh Puchhkar Haare - 2
Bin Taale Ki Chaavi Le Kar Phirte Maare Maare
Main Hoon Raja Yeh Hai Rana, O Main Deewaana Yeh Mastaana
Dono Milke Gaaye Gaana O Haseena (O Jara Ruk Jaana - 2)
Help Me Please To Find The Locker - 2
 
Help Me Please To Find The Locker - 2
O Father Apna Aisa Huva Hai Ghotaala - 2
Mili Chaavi Par Mila Hai Nahi Humko Taala
Gar Maal Milega Jyaada - 2
Tujhko De Denge Aadha Yeh Hai Vaada, Kya Iraada
Koi Kaam Nahi Hai Saadha, Lekin Jaana Adha Adha ??? ??
Yeh Offer Le Lona, O Binati Sun Lo Na
Do Bichaare Bina Sahaare, Dekho Puchh Puchhkar Haare
Help Me Please To Find The Locker – 2
 
Ek Chaavi Chaavi Sapne Hazaar, Sab Aar Paar Ka Phera Hai
Mere Taal Taal Kyun Tu Faraar, Bas Tu Hi Mit Ghanera Hai
Baje Bin Bin Nache Bekaraar, Hum Saap Saap Tu Sapera Hai
Phir Dwaar Dwaar Pite Baar Baar, Kab In Raaton Ka Sabera Hai
Dil Taar Taar Roye Jaar Jaar, Khushiyon Ka Kaun Lutera Hai
Parvardigaar Parvardigaar Bas Hamein Bharosa Tera Hai
 
Tu Bata De Isaka Milta Nahi Humko Locker - 2
Kuchh Pata De Tere Ban Jaayenge Hum Naukar
Sasuraal Se Dekho Hum Aaye - 2
Chaabi Le Kar Pachhtaaye Hai Ghabraaye Sar Chakaraaye Kuchh Na Bhaaye
Aake Tumse Hi Takraaye, Dhakke Khaaye, Samajh Na Aaye O ??
O Kuchh Bolo Na - 2
Do Bichaare Bina Sahaare, Dekho Puchh Puchhkar Haare
Bin Taale Ki Chaavi Le Kar Phirte Maare Maare
Main Hoon Raja Yeh Hai Rana, O Main Deewaana Yeh Mastaana
Dono Milke Gaaye Gaana O Haseena (O Jara Ruk Jaana - 2)
Help Me Please To Find The Locker
 

Remember ,Life is all about adding colours Not chemicals,just watch this video; https://www.youtube.com/watch?v=X6793q3zM10

 

1 Like

(Guest)

Thanks Pappaji...

 

aap mere liye do var dhundna...aur mera maintenance case aap karoge...kyunki 6k se mera kaam nehi chhalega.


(Guest)
Originally posted by :Tajobsindia
"
Take:

1. Soon she'll find a third HUSBAND (victim) and the then ld. HC Jjudge will say "So what if TWO previous husbands are paying her alimony. You pay too!" - and soon both the judge and the metro wife will become rich at Indian bakaras cost..........


2. Even some dd. Judges needs to go back to Law school to comment such perverse remarks to second husband in open Court when she is already getting Alimony (i.e. per month) from first husband and yet HC is giving her second alimony (be it one time or per month whatever the outcome be on 21-10-2011) which is bad in eyes of Law for first husband as Law on Alimony clearly says "till she gets re-married" now frm present estranged Spouse who is going to tell the first husband to stop paying alimony or will ld. Jstc Patil call first Husband and ask him to stop paying alimony as she is going to get now from her second husband...the answer is in Jstc Patil's remarks itself i.e. NO..

 

One alimony no bar to a woman getting another


Husband’s counsel tells court that estranged wife is already getting alimony from another ex-husband. Judge retorts: “What is your problem if he is paying? You too will have to pay”

 




A man tried to evade paying alimony to his estranged wife by pointing out that she was already getting an allowance from another previous husband. But the judge retorted, “What is your problem if he is paying? You too will have to pay.”The rather unusual situation cropped up in the High Court of Karnataka on Monday, with the man’s counsel arguing, “She is being paid Rs 6,000 per month as alimony by a former husband as well.” Taken by surprise, the division bench of Justice N K Patil and Justice C R Kumaraswamy asked the counsel which husband he was talking about. The advocate explained that the woman had been married earlier and the case in question  was related to her second marriage.

It led to Justice Patil retorting, “What is your problem if he is paying? You too will have to pay.”


The divorce case, which was being heard in a lower court, reached the high court, with concerned parties disputing the alimony amount.

When told that the first husband was paying the woman Rs 6,000 per month, the judge asked, “Does she have a child?” When told that she had a seven-year-old daughter, he asked, “How much of the Rs 6,000 is for the mother and how much is for the child?” He was told that the amount was for both of them.


PROPERTY IS A LIABILITY
The husband’s counsel told the court that his client had agreed to pay a one-time lumpsum amount to his estranged wife. “So, solve the problem. Let the parties talk and come to a mutual agreement. If they do not come to an agreement, you can argue the case on merits. He will have to then pay 50 per cent of his property to her if arguments are done,” the court said.

This prompted the husband’s counsel to tell the court that he had no property. “I do not have anything. I have no property,” the husband’s counsel said.

The court said that these were human problems and there should be trust in the marriage.

The husband’s counsel said, “If she goes about filing criminal complaints on charges of dowry and domestic violence, there is no trust left. No marriage is a benefit. It is always a problem. Acquiring property is a liability in marriages now.”

Justice Patil put an end to the argument saying, “Every couple quarrels, but not all end up in court and jail… Loud arguments will not help anyone in personal problems. The question here is only about maintenance. Is there any problem with the first husband?”

When told there was none, the court asked the couple to meet, along with their counsels, and arrive at a mutually-agreed alimony amount by October 21.


WHAT THE LAW SAYS
Advocate Nagendra Naik says that the wife’s income will decide the alimony. “When calculating the maintenance, the income earned comes into play. Whether the wife is earning is important, but it does not matter if it is as alimony from a previous husband, salary from a job or profit from business. The thumb rule is that the husband has to pay as much to maintain the lifestyle that he himself is enjoying. The idea of alimony is not to punish anyone or make a profit out of the divorce. The judge will balance all these things,” Naik said. However, there is no definite statute that calls for a lumpsum payment. “Maintenance is allowed under Section 125 of the Criminal Procedure Code and Section 18 of the Hindu Adoption and Maintenance Act. Since there is no rule for a one-time payment, it has to come from the general consensus of both parties,” Naik said.

Link:

https://www.bangaloremirror.com/article/1/2011101820111018044358126b2a9682f/One-alimony-no-bar-to-a-woman-getting-another.html

 
 
"

 

Namaste chachaji.Kaise hai?

 

Chachji ab naraaz hone ka kya fayda?

Jo situation jaisi hai use accept karo.


(Guest)

Lagta hai ki Kushan LCI me mazaak karne se pahle google par jaakar  khub research karta hai ki logo ko kaise hasaye;)


(Guest)
Originally posted by :goodgirl mumbai
"
Thanks Pappaji...

 

aap mere liye do var dhundna...aur mera maintenance case aap karoge...kyunki 6k se mera kaam nehi chhalega.
"

 

 

Marry a donkey,marry a fool,but don't marry a boy from Chachaji's law school:D


(Guest)

but i want to marry a monkey who will dance with my fingers

 

nehi milega kya? :(


(Guest)

This became pure "dhandha". r we hard working for this?


(Guest)

@Princess

"Marry a donkey,marry a fool,but don't marry a boy from Chachaji's law school"

99% of (we) boys are above, so staying with our wives. the other 1% are real "Mard" for which girls are visiting 

"Mandir"(court) for "bheekh" & "daan".


(Guest)
Originally posted by :goodgirl ....and loving it!!!!
"
but i want to marry a monkey who will dance with my fingers

 

nehi milega kya? 
"

 

 

Don't worry Goodgirl.You will get someone who dances with you.Chachaji will find a very good boy for you.Roz unse zid karo.Ek din maan jayenge.

 

Goodgirl see we are wearing same purple dresses,because we are cousins.;)


(Guest)

These type of girls, Who married only for ALimony/Maintenance by doing marriage one after another is compared to be a very low respect than even a "Pro-ti-ute"

They earn money by putting some efforts in a proper way. and these type of girls earn money by acting as a in-house pro-ti-ute who married someone for a day or for a years.

After all that complete of their se-ual desires and other related things, They calculate their night charges and claimed as a one time alimony.

So these type of womens has to be awarded yearly and sent to red light area of any state for which they are really deserves.

All above comments for those girls/womens only, who filed fake cases over their husband or over in-laws for the sake of money only.

For real victims, I had respect for those women. Even always ready to help them too in every manner upto the possibility remains.

For bad ones, I had only words go to hell or do your business openly on daily basis. In india, You got a legal licence for your business.

Wish best of luck to all innocent ones, Irrespect of any gender issues.

 

Regards,

Abhinatre Gupt.

basavaraj shiromani (Advocate)     20 October 2011

Normally alimongy is to be ordered to a person who is unable to maintain her/himself u/s  125. If a wife is capable maintain herself from her own income (whatever it may be even from her previous husband she may getting ) question of giving maintainace doe not arise

basavarajshiromani5@gmail.com