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santosh mahdeley   07 June 2016

Cook vs physiotherapy judgement

I m cook used to get 22k salary, but due to fake case i had to leave job. Now in crpc 125 she is asking maintenancr of 25k, now here is my question 1. She is physiotherapist and used to work in ngo hospital, n drawing a salary of 14k. She state in her affadavit clearly with experience letter 2. Being s physiotherapist, IS she more qualified then cook ? If yes the then i have to pay maintenance???? 3. Is there any judgement where husband cook and wife is physiotherapist . So husband is less qualified than wife, maintenance denied. Plz share judgement


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 14 Replies

Born Fighter (xxx)     07 June 2016

The question is whether your wife is still working and earning. ??

There is not much difference in both of urs salary.....Looking at the facts she does not need any maintenance and can take care of her needs. Physiotherapist is a profession in demand, she can work as a freelancer or with an hospital and easily earn more than min 10-15k pm.

Since you are jobless now the court cannot ask you to pay 25kpm unless ur wife proves in court that u r still employed /have other sources of income. You should deny giving her any maintenance as she is qualified and capable to earn. Your wife should first make out a case of maintenance in which she has to prove why she left her job / what effort has she done to get a job or she has wilfully left job to claim free money from husband.

 

There are several judgements which u can read on the net and thru a competent lawyer work towards denying maintenance to ur wife. However if you have kids then you have to contribute for their maintenance.

 

Kumar Doab (FIN)     07 June 2016

As already suggested engage a very able counsel. 

Mrs. Bakshi (Social Studies Reader/Worker)     08 June 2016

Cook per day charge 1000 rs.  Physiotherapist per session charge 1000 rs.  Cooks work is more when compared to physiotherapists'.  Physiotherapist session can last maximum of 3 hours, can do sessions on basis of per patient via orthopedic doctor referrals.  They have to give 200 rs per patient to the doctor who referred or hospital who referred.  

 

 

Shreshta@ JA Beno AOR supreme (AOR supreme court of india )     08 June 2016

Apex court in its judgement clearly stated that an qualified wife cannot sit idel and claim for ,maintanance and there are number of judgements to state against multiple procedings and mention your request before the court in your counter .

Regards,

Shreshta R Sandesh,

9999199784

shreshta.advocate@gmail.com

1 Like

santosh mahdeley   08 June 2016

बहुत बहुत धन्यवाद senior in this group Your valuable comment make me little relaxed मेरी वाइफ सिर्फ 2 month ही रही, मेरे साथ, मैंने 21 augest 2014 को section 9 lagaya, 10 may 2015 को जब section 9 का नोटिस गया तो, उसने मेरे और पूरी फॅमिली को 498 और 406 मैं फॅसा दिया। 1. क्या 125 के केस मैं मुजको इस बात का फायदा मिलेगा की वाइफ ने बदले की भावना से झूठा केस किया हैँ। 2) 2 month वाइफ सिर्फ मेरे साथ इंदौर में रही। माँ और बाप जबलपुर में रहते है। और भैया भाभी कोटा राजस्थान मैं रहते है। 2 month में , कभी भी मेरी फॅमिली इंदौर नहीं आई इसके बाद भी फॅमिली को झूठे केस में फास दिया। क्या इसका कुछ फायदा मिलेगा मुजको की वाइफ सिर्फ 2 month saath rahi???

Dana Kayoni (Expert Humanitarian and Lawyer)     08 June 2016

वाइफ दो घंटे रहे या दो दिन या दो साल, जुर्माना तो ज़िंदगी भर भरना पड़ता हे.  ये गाना हर नालयक पति गाता ही हे की दो दिन रही एक दिन रही, बीवी को तो ठीक रख नही सकते आप लोग, और बात करते हो बीवी दो घंटे रही.

पर्मनेंट आलीमॉनी दे दो, तलाक़ ले लो. फिनिश

santosh mahdeley   08 June 2016

santosh mahdeley   08 June 2016

 

 

Shreshta@ JA Beno AOR supreme (AOR supreme court of india )     08 June 2016

According to DV act only when a wife stays under the same roof along with all the family members alleged in the complaint and maintains domastic relation ship with all the family members than the wife can file a DV complaint against the family of the husband, failing if the case is launched you can approach the honorable high court for quashing such complaint which is not maintanable under law.

Regards,

Shreshta R Sandesh

9999199784

Dr Martin Campbell (Doctor)     08 June 2016

Agree with Dana ji advice.  Women get married for one day or half day, you will have to pay alimony, if you want seperation, you need to take divorce (if u want to remarry) judicial seperation anulment if u take again u need to go for divorce if u want to remarry. 

There are no much options for men, appeal, re-appeal etc, MCD is best option, rest your wish, dont create problems for yourself by being abusive with lawyers is my sincere advice, delete above replies for your own safety.

Vakalath (Vakeel No. 1)     08 June 2016

Originally posted by : santosh mahdeley
I m cook used to get 22k salary, but due to fake case i had to leave job. Now in crpc 125 she is asking maintenancr of 25k, now here is my question
1. She is physiotherapist and used to work in ngo hospital, n drawing a salary of 14k. She state in her affadavit clearly with experience letter

2. Being s physiotherapist, IS she more qualified then cook ? If yes the then i have to pay maintenance????

3. Is there any judgement where husband cook and wife is physiotherapist . So husband is less qualified than wife, maintenance denied. Plz share judgement

If she is in govt job then you can file alimony case on her/if she has permanent private job, then you can seek alimony from her, saying that you dont have permanent source of income and there is no income  gaurantee.

 

As she is educated women, chances of she getting alimony is less, but judges favour women a lot, she can get alimony even if she is working women, so be prepared to go for appel in high court.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     08 June 2016

1) It is not that cook or physiotherapist who earn more or less when looking at alimony.

 

2) The wife what all comforts she enjoyed at matrimonial home or before that will count while granting maintenance besides other factors like finanial status of either spouse.

 

3) The SC ruling on educated wife deliberately stopped employment to extract alimony is under different circumstances is not equally applied in some other cases.  Much depends upon the intention, comforts given to wife and various other factors to determine the alimony.

 

4) The advice of the Doctor above may better follow if suit ur convenience.

A walk alone (-)     09 June 2016

SC/HC in its judgement clearly stated that an qualified wife cannot sit idel and claim for maintenance. You can search judgments on Indian kanoon website.

T. Kalaiselvan, Advocate (Advocate)     12 June 2016

Though she has rights to seek maintenance from you, you may repudiate the same quoting that she is employed and drawing handsome salary.  There are various judgements in this connection, you can present  them before court during final argument.


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