Amit Kumar 28 February 2019

Delhi session court asking for judgement from husband

Here is the small story:-
Wife is highly qualified.
Lower court while awarding maintenance to wife considered factor that wife is highly qualified lady and maintenance granted just for one year and she was adviced to find a job for her during that time.

After this interim maintenance order(Rs 6500/- from date of filling to the limited period of one year from order), wife appealed at Sessions.

Where judge has asked respondent(husband) to bring any judgement of Court that is higher than Sessions which says that wife is entitled to maintenance for a limited period if she is capable of earning or highly qualified else she will be provided maintenance unlimited i.e not just for 1 year.

Respondent have such judgement but it is of Sessions, but not of any court that is higher than Sessions Court.
And no such judgement has been found and only a few days left for date of hearing.

Please help in this situation.
If she will get maintenance for unlimited time then she will ruin more couple of years of husbands and her own life.

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7 Replies

Sharma Twinkle Manojkumar (Student) 28 February 2019

Manmohan Singh v/s Mahindra Kaur, Allahabad High Court, Justice B.N Katju, Equi Citation 1976 Cri LJ 1664. In this ruling Hon'ble HC held that Under CrPC 1973 Sec 125(1)(a) decided that a husband can deny maintainence to a wife who is able to maintain herself.

Swastika Sen v/s Stae of Bengal, Calcutta HC, Citation author M.K Basu (2003), 2 CALLT 359 HC, I (2004) DMC 66. Hon'ble HC helds that maintenance allowed cannot be granted to every wife who is neglected by her husband or refused to maintain her but it can only be granted to a wife who is genuienly in need, who is indeed unable to maintain herself. This is a clear dictate of law and a departure cannot be permissible. Otherwise the expression "if she is unable to maintain herself" would lose all its meaning.

Suhail suhail (LAWYER) 28 February 2019

That is correct. How can court mention that wife is not entitled to maintenance if she is well qaulified.If the wife is having job or other source of regular income then court can conseder that only.

The jedgment form one sessions court is not binding upon others sessions court being eqaul in status. The high court or supreme court judgment shall be guiding and there is no judgment from Suprmeme court.

It appears you have managed the order from below court on the anomly of session court judgment .

Shashi Dhara 28 February 2019

It is the primary duty of spouse to maintain each other. If another is unable to maintain or find job and tell earn urself is cruel.today jobs r sinking due to computer and robotisation..all reliving .with pink slip.

Shashi Dhara 28 February 2019

Amit Kumar 28 February 2019

Originally posted by : Shashi Dhara
	It is the primary duty of spouse to maintain each other. If another is unable to maintain or find job and tell earn urself is cruel.today jobs r sinking due to computer and robotisation..all reliving .with pink slip.

Let me add a few facts for you:-

She is working as a teacher in a School whose owner is her real Uncle(Chacha) and earning around Rs22,500/-. To prove this i also filed RTI appn and asked for whole staff list, but her name was not in the list.

I knw it is primary duty of spouse to maintain each other. But what if she is already earning, and fighting cases to get high amount for settlement.(Rs 40 Lakhs).

But leave this, Session Court is asking for judgement of any higher court stating that if wife is highly qualified and have capacity to earn, then she is entitled for maintenance but for a limited period of time. Otherwise Hon'ble Sessions Judge will make it for unlimited period.

Can somebody help in overcoming this issue by providing judgement or any other advice or tactic to deal this situation.