Why did not oppose the judgment on supreme court on maintena
Querist :
Anonymous
(Querist) 14 June 2018
This query is : Resolved
Dera All,
Why did not bar association of Lawyer has oppose the lestest judmgnet of Supreme court on Maintenace. Afer this judmgnet there in no need to a man/husband to enganed a well lawyer or any lawyer to get the relief in his case.
1. 25% Of Husband’s Net Salary Just & Proper To Be Awarded As Maintenance To Wife: SC [Read Judgment]...
Read more at: http://www.livelaw.in/25-husbands-net-salary-just-proper-awarded-maintenance-wife-sc/
2. Judicially Separated Wife is also entitled to Maintenance.
3. Merely because the wife is capable of earning it is not a reason to reduce the maintenance awarded to her
Accordingly to above judmgnet. Why will men engaged a lawyer for his case. When he pay to 25% of her salary and wheather her wife live Judicially Separate
K Rajasekharan
(Expert) 14 June 2018
What is wrong with the above said judgement? Why should Bar Association, which is not a PIL filing organisation, oppose it?
Husbands are engaging advocates not out of their generosity but because they want some reliefs, like reduced maintenance, from the court. In some cases one party will have some benefits while in some others the other party will have similar benefits.
But both the parties – the winning and the losing parties - might have engaged their own preferred advocates.
In this case, the other party also had advocate. His side won the case in the Supreme Court. But in the lower courts the other party was at advantage. In an adversarial system, one party will win and the other party will fail. But both will have advocates.
No advocate has any duty to win a case when the case of his party is weak even if he argues for the party. It is the judge who decide who should win, not the advocate.
Every advocate has a duty to ensure that no fair party should get a disappointing judgement as the court, which feeds the advocates, should exist for delivering fair and just judgements. An advocate is not a goon of a client who engages him.
Querist :
Anonymous
(Querist) 15 June 2018
Sir,
Please see below commnent on above judgment.
http://www.tribuneindia.com/news/nation/maintenance-even-if-wife-deserted-sc/388327.html
OR SIGN UP WITH DISQUS
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Singh.Jee • a year ago
Supreme court judges needs head examined ,
If Wife run away with her lover,
then husband poor sucker has to fed her lover now
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NTmoron • a year ago
The law says:
Section 125(4) says: “No wife shall be entitled to receive an allowance under this section if 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.” Section 125(5) makes adultery and desertion grounds for cancellation of maintenance.
The judges say:
"Maintenance even if wife deserted"
Something is seriously wrong with The Supreme Court judges.
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sheki • a year ago
I always say this country really needs a psychiatrist. LOL, what a Law
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tonguewithasword • 6 months ago
so now a man in india will have to pay his wife for her being f..d by another man.....wowwww...now this really happens in india...... chu.tt..ya desh ke chu...tt..ya judge... i have read matrimonial laws of several countries..and have never read such a joke... i cannot even understand how I am feeling about this judgment...matlab...c'mon man...is this judge a homo or what...
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drhss • a year ago
God save this country of insane brains:Nonsensical order of SCI on the law made by nonsensical presumption of Indian law makers n shows hotch-potch every where in all three wings of Indian Raj / State especially law n civil services.. Only peaceful revolution by poor people will provide relief to them.
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Rahul Joshi • 5 months ago
I think liberals have taken over judiciary these days. These kind of judgement are gender biased and against the right to equality. I don’t understand women demand for equality and on the other hand ask for special preferences in matrimony. If such decisions keep coming men will be discouraged to get married.
All that the stupid liberals demand is women’s right. What about men? Why should men marry just to suffer?
Such judgement are surely going to destroy social norm/institution of marriage. It gives women an upper hand rather than parity in relationships. Women can do anything bad but remain entitled for maintenance. In short court is telling men to just go and **** yourself. Why court is not strict in punishing women who implicate men and their families under the abuse of section 498A DV.
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Satish Mishra • 6 months ago
This is disastrous. Is there any judgment that has overturned this view. How can a already married guy with 2 children be made to pay ex-wife maintenance. All thought point to one direction that the husband would have been in a better situation to pay maintenance.
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Rahul Sharma • 8 months ago
This judgement will only encourage adultery on the part of wives. As now then have no incentive to be loyal.
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Vijay Raj Mahajan
(Expert) 15 June 2018
The Supreme Court judgment in question is with regard to permanent alimony and maintenance u/s 25 of the Hindu Marriage Act,1955 not under section 125 Cr.P.C. where the wife found guilty of adultery and desertion is debarred from getting any order for maintenance. Don't confuse the two different provisions of law for grant of maintenance. More over the provision u/s 25 HMA is applicable to both husband and wife, either of them can claim relief under this provision but u/s 125 Cr.P.C only wife is entitled for the relief.
The discussion on various websites where not necessarily learned advocates at discussing but most of the disgruntled husbands come forward spitting venom on the practising advocates and judges when alimony and maintenance orders are made against them as if these parties (advocates/judges) who are neutral have any personal interest in such order.
Look the judicial system of any country is based on the basis of law graduates/lawyers only, some of them take the seat of judges and become judges while others start practising as independent advocates, without both of them the judicial system of any country is nothing but ZERO.
We the lawyers/advocates/judges are taking care of the judicial system for the welfare of a civilised society and stop blaming us for any thing that may not be of your liking, blame it to the politicians who make law in sitting in Parliament or Legislative Assemblies of various States in India, If the law made by them is not of your liking kick those politicians rather blaming us whose duty is just to interpret the enacted law in the country.
I hardly see anyone kicking, abusing, accusing these politician in open but for drinking the blood of lawyers/advocates/judges whole nation is united as we are the worst people of the society.
Guest
(Expert) 16 June 2018
Ms. Usha Kapoor,
You have stated, "I agree with kavksatyanarayan." For your information, kavk satyanarayan has not rendered any advice to the querist on this page. So, with which advice you have agreed?
WHAT IS THE SENSE OF AGREEING WITH A NON-EXITING ADVICE?
It seems, brain of LLM qualified lawyer has totally stopped working. Better get some appropriate treatment, instead of continuing to make useless, irrelevant and vague posts.
Guest
(Expert) 16 June 2018
Ms. Usha Kapoor,
You have stated, "I agree with kavksatyanarayan." For your information, kavk satyanarayan has not rendered any advice to the querist on this page. So, with which advice you have agreed?
WHAT IS THE SENSE OF AGREEING WITH A NON-EXITING ADVICE?
It seems, brain of LLM qualified lawyer has totally stopped working. Better get some appropriate treatment, instead of continuing to make useless, irrelevant and vague posts.
Guest
(Expert) 16 June 2018
Ms. Usha Kapoor,
You have stated, "I agree with kavksatyanarayan." For your information, kavk satyanarayan has not rendered any advice to the querist on this page. So, with which advice you have agreed?
WHAT IS THE SENSE OF AGREEING WITH A NON-EXITING ADVICE?
It seems, brain of LLM qualified lawyer has totally stopped working. Better get some appropriate treatment, instead of continuing to make useless, irrelevant and vague posts.
Guest
(Expert) 16 June 2018
Ms. Usha Kapoor,
You have stated, "I agree with kavksatyanarayan." For your information, kavk satyanarayan has not rendered any advice to the querist on this page. So, with which advice you have agreed?
WHAT IS THE SENSE OF AGREEING WITH A NON-EXITING ADVICE?
It seems, brain of LLM qualified lawyer has totally stopped working. Better get some appropriate treatment, instead of continuing to make useless, irrelevant and vague posts.
Guest
(Expert) 16 June 2018
Ms. Usha Kapoor,
You have stated, "I agree with kavksatyanarayan." For your information, kavk satyanarayan has not rendered any advice to the querist on this page. So, with which advice you have agreed?
WHAT IS THE SENSE OF AGREEING WITH A NON-EXITING ADVICE?
It seems, brain of LLM qualified lawyer has totally stopped working. Better get some appropriate treatment, instead of continuing to make useless, irrelevant and vague posts.
Guest
(Expert) 16 June 2018
Ms. Usha Kapoor,
You have stated, "I agree with kavksatyanarayan." For your information, kavk satyanarayan has not rendered any advice to the querist on this page. So, with which advice you have agreed?
WHAT IS THE SENSE OF AGREEING WITH A NON-EXITING ADVICE?
It seems, brain of LLM qualified lawyer has totally stopped working. Better get some appropriate treatment, instead of continuing to make useless, irrelevant and vague posts.
Querist :
Anonymous
(Querist) 18 June 2018
Ok, There is no doubt about that all of you are expert. Can you let me know that,
There are my questions.
i. A Lady, who has registered a false case against her husband and in-laws due to bad intention.
ii. A Lady, who has filed a affidavit and in which she given false information about every fact to get the maintenance from her husband.
iii. A Lady for that reason whose husband has to leave his parents' house.
iv. A Lady, Who has not done good attitude and behavior with her husband and in-laws and who (She) are already accused in 498A/406 case.
v. A Lady, who is well educated, before and after of her marriage she was capable to maintain herself and both time she has resigned herself from job without any cause.
vi. A Lady, who left the Company of her husband without any cause and reason.
Is liable for grant the maintenance?.
Querist :
Anonymous
(Querist) 19 June 2018
What happened?. No one expert is let me know that this kind of lady is liable for grant the maintenace
K Rajasekharan
(Expert) 19 June 2018
The experts available herein are experts in law but not judges of judicial courts who determine whether such a lady, based on the laws in force, is to be given maintenance or not.
Each one of the lawyers should have a legal view on each issue that comes before him and would argue in favour of or against the issue. His job is exposition of law before the judge and not to decide things of his own. Each one picks up all possible legal possibilities relating to a case in his favour and argue in favour of his client whether he is a petitioner or defendant. That is what is an advocate is expected to do in a court of law.
In almost any case, one advocate would usually fail and the other would win. The job of an advocate is to argue a case in favour of his client whether he is a petitioner or a defendant and place his part of the argument in the case before the court in return of the fee he charges from the client and nothing more.
If some laws appear to be patently in favour of women it is the duty of the aggrieved persons to raise it before the legislative bodies or government for a reversal. If such a reversal occurs then the advocates cannot argue in favour of women at all because lawyers are basing their arguments on the laws of the land alone.
Guest
(Expert) 19 June 2018
Everything has to be proved or disproved before the judge of the case depending upon merits of the case. Nobody else can decide in favour or against any of the spouse.
Guest
(Expert) 19 June 2018
Everything has to be proved or disproved before the judge of the case depending upon merits of the case. Nobody else can decide in favour or against any of the spouse.
Ms.Usha Kapoor
(Expert) 09 July 2018
I agree with Vijay raj and Raja Sekharan
