Require judgement mentioned in newpaper
Praveen Singhal
(Querist) 15 November 2011
This query is : Resolved
On 5 Nov, Mail Today, had a article that "No alimony for women walking out of marriage".
The order had been issued against the delhi based (malviya nagar) girl. I have a similar case - so i want the judgement.
My case is in final hearing- so if any could provide this judgement or similar judgement so that i could produce before court.
Guest
(Expert) 15 November 2011
You can visit the following link of the LCI for judgments, specially at page 2 of the link:
http://www.lawyersclubindia.com/forum/NO-ALIMONY-IF-WOMAN-WALKS-OUT-ON-OWN-ACCOUNT-SC-10883.asp#51687
Rajeev Kumar
(Expert) 15 November 2011
You can also visit the site www.indiankanoon.org
Shailesh Kr. Shah
(Expert) 15 November 2011
Shri PS Dhingra and Shri Rajeev has already provided information.
prabhakar singh
(Expert) 15 November 2011
1 Dec 2010 – No.M-24684 of 2008 (o &M). POONAM …Petitioner. VERSUS. MAHENDER KUMAR …Respondent. Criminal Misc. No.M-24684 of 2008 (O&M) .
but could not be found on india kanoon or stpl or even on judis.nic.in
prabhakar singh
(Expert) 15 November 2011
Supreme Court of India: No alimony for woman who desert husband - By Savio Pereira ⋅ November 19, 2009 Supreme Court of India: No alimony for woman who desert husband New Delhi, Nov 18 In an observation with far-reaching implications, the Supreme Court has said that a woman who deserted her husband and the matrimonial home and refused to return despite repeated requests was not entitled to maintenance. Upholding a decision of the Punjab and Haryana High Court, a bench headed by Justice V S Sirpurkar said the law of the land did not allow maintenance in cases where the wife deserted her husband, children and the matrimonial home. In the case before the Punjab and Haryana High Court, Poonam, who was married to Mahender Kumar of Jind on January 23, 1992, left her matrimonial home on March 18, 1998, alleging harassment and dowry demands. She also left her children. Poonam later moved the family court, seeking divorce on grounds of cruelty. But Mahender Kumar filed an application before the court on February 20, 2002, praying for restoration of conjugal rights under the Hindu Marriage Act. She did not respond to the application, and Kumar was granted ex parte decree as it was construed that Poonam would not return to her matrimonial home. Fresh appeal Two years later, Poonam approached the family court again, seeking divorce on the ground that she was living separately and demanding maintenance. Though the court granted her divorce, her appeal for maintenance was turned down. The Supreme Court bench said: You left the matrimonial home on your own, and now you want maintenance. Is this the law of the country? What is the justification for your staying separately? No ill-treatment When the case reached the Supreme Court, Poonam challenged the Punjab and Haryana High Courts decision, seeking maintenance of Rs 4,000 per month from Mahender. The high court judgment said she had failed to prove that she was ill-treated by her former husband. Additionally, the court observed: Failure of the petitioner-wife to justify her decision to stay away from the respondent-husband and two kids shows that she had left society of the respondent on her own accord. =============================
Job prospects count in alimony By Sunita ⋅ May 4, 2009 Mumbai: The earning capacity and professional qualifications of a woman are to be considered when deciding on permanent alimony in a divorce case, the Bombay high court has said even as it declined a former airhostess Job prospects count in alimony
prabhakar singh
(Expert) 15 November 2011
Supreme court cases reports all judgments hence you should look in that for sure you should get.
Shonee Kapoor
(Expert) 16 November 2011
There are multiple judgements in this regard.
Maybe what the author is confusing is that, despite this interim maintenance has to be paid.
Then please note that this is a judgement for final award and not for interim award. Interim award happens based on the petition supported by affidavit itself.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Praveen Singhal
(Querist) 19 November 2011
I really thankful of such nice people associated with the site.
Thanks you v.v. much
