Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Wife getting maintenance acc. to hubby's income becomes news

Page no : 9

(Guest)
Originally posted by :utpala kaur
"
There is a lot in common between me and Mahatma astrologically Hav only ONE life, so live and let live!""" Above lines about LIVE AND LET LIVE. 

 

I CHECKED LIVE AND LET LIVE'S PROFILE AFTER READING AVANI'S BELOW MENTIONED POST

 

'''I am missing "LiveAndLetLive", I am sure she will join me in some time and share her opinions in this matter.''''

 

CAN ANYBODY ASSUME IN THE ABOVE LINES THAT LIVE AND LET LIVE IS A FEMALE??

HOW AVANI MENTIONED SHE SO CONFIDENTLY?
"

Enough utpala, roshni meenal

meenal appears when roshni is gone, so they could also be one single person!

Such childish things do not matter anyways!

Utpala, I never passed any personal comments on any of u and in fact strangely meenal suddenly entered the matter already in a biased tone, why r these women taking it so personally??

Well, as a woman  and a mother of 2, I expect at least you to be more matured than these other two.

Now other ladies can ask "how does LIveAndLetLive knw that utpala is woman and a mother of two?", well perhaps i know her personally too :P

Now I realize one more thing, some people are lucky enough that they at least dont have to stay with such biased women no matter how much they face in courts; but worst fortune is of those who have to stay with such women forever and take these abuses daily.

1 Like

(Guest)

Time is the best healer!

and time never stays the same, so stop hurting people.

Today its my turn, tomorrow it can b urs! so, just giv it a thought

Live And Let Live

1 Like

Parth Chandra (none)     27 April 2011

Hi Avani & Live&LetLive,

There are a number of judgements posted @ https://www.lawyersclubindia.com/forum/Re-Judgement-helping-innocent-husbands-24586.asp

Not sure if you have gone through them but just check if any of them are useful.

Keep fighting and never never never give up.......We are the initial rain drops who would have to evaporate in order to initiate the change.

2 Like

(Guest)
Originally posted by :pc
"
Hi Avani & Live&LetLive,

There are a number of judgements posted @ https://www.lawyersclubindia.com/forum/Re-Judgement-helping-innocent-husbands-24586.asp

Not sure if you have gone through them but just check if any of them are useful.

Keep fighting and never never never give up.......We are the initial rain drops who would have to evaporate in order to initiate the change.
"

Thanks a lot PC !!!


(Guest)
Originally posted by :LiveAndLetLive
"



Originally posted by :utpala kaur



"


There is a lot in common between me and Mahatma astrologically Hav only ONE life, so live and let live!""" Above lines about LIVE AND LET LIVE. 

 

I CHECKED LIVE AND LET LIVE'S PROFILE AFTER READING AVANI'S BELOW MENTIONED POST

 

'''I am missing "LiveAndLetLive", I am sure she will join me in some time and share her opinions in this matter.''''

 

CAN ANYBODY ASSUME IN THE ABOVE LINES THAT LIVE AND LET LIVE IS A FEMALE??

HOW AVANI MENTIONED SHE SO CONFIDENTLY?

"




Enough utpala, roshni meenal

meenal appears when roshni is gone, so they could also be one single person!

Such childish things do not matter anyways!

Utpala, I never passed any personal comments on any of u and in fact strangely meenal suddenly entered the matter already in a biased tone, why r these women taking it so personally??

Well, as a woman  and a mother of 2, I expect at least you to be more matured than these other two.

Now other ladies can ask "how does LIveAndLetLive knw that utpala is woman and a mother of two?", well perhaps i know her personally too

Now I realize one more thing, some people are lucky enough that they at least dont have to stay with such biased women no matter how much they face in courts; but worst fortune is of those who have to stay with such women forever and take these abuses daily.
"

Yes LiveAndLetLive, I pity those men who have to live with such women and then also face false accusations from them.

 

Good to see you again. BTW, lets maintain a gap of some time between our posts so that these people stop doubting and are confirmed with their imagination that you and me are one. We can co-ordinate on private messaging. (Hey special WOMEN, we are writing this just to confuse you !! LOL !!!!  :) :D)

 

For those who want to spy over us, you have the liberty to think that we are the same person. You can conclude that, no need to waste time in inspecting that for few more hours. I don't mind your fantasies at all. I have seen how wild fantasies of some special women can go and have learnt to deal with it.

1 Like

(Guest)
Originally posted by :Prabhakar
"
Roshni B, in her initial thread, raised a question "whether the wife's maintenance not supposed to be in accordance with the husband's monthly earnings?"

This question was clarified by the hon'ble High Court of Delhi in Radhika Narang case, the entire judgment is attached herewith, which also highlights, how even the rich husband and in-laws lie before the court from their teeth, file the income-tax returns-which do not reflect the real income,  in maintenance cases to deprive the wife.  The salient features of the judgment is copy-pasted here for those readers who do not want to take pains to go to attached file.

It is very important to note that Section 24 and 25 are not gender biased provisions.  Either it is husband or wife, who is not in a position to maintain himself/herself can claim maintenance & litigation expenses from the opposite spouse, who is in a position to afford it.  Why men do not claim it is the reason that in most cases men only do jobs and women are put in houses as housemakers.  There is no bar for unemployed, impoverished man to claim maintenance from rich, affluent or employed wife. 

"26. Thus, after considering the above position of law, it is evident that

the following principles emerge from the above judgments:- a. Maintenance depends upon the summation of

all the facts of the situation [as laid down in Dr. Kulbhushan Kunwar vs. Raj Kumari AIR 1971 SC

234].

b. For granting maintenance, the scale and mode of living, the age, habits, wants and class of the life of the

parties has to be regarded [as laid

down in Dr. Kulbhushan Kunwar vs. Raj Kumari (supra)]. c. Maintenance being such that the wife could live

in a reasonable comfort; considering her status and mode of life which she was used to while

living with her husband [as laid down in Jasbir Kaur Sehgal vs. District Judge,

Dehradun and Ors. 1997 (7) SCC 7 ] d. During the pendency of the suit for maintenance, which may take a

considerable time to attain finality, the wife cannot be forced to face starvation till she is subsequently granted

maintenance from the date of the

filing of the suit [as laid down in Neelam Malhotra vs. Rajinder Malhotra and

Ors. AIR 1994 Delhi 234 ].

e. Maintenance must necessarily encompass a provision for residence. Maintnenace is given so that the lady

can live in the manner, more or less, to

which she was accustomed. [as laid down in Komalam Amma Vs. Kumara Pillai

Raghavan Pillai and Ors. SLP (C) No. 3670/2005 decided on 14th November, 2008]

f. Maintenance, necessarily must encompass a provision for residence. Maintenance is given so that the lady

can live in the manner, more or less, to

which she was accustomed. The concept of maintenance must, therefore, include

provision for food and clothing and the like and take into account the basic

need of a roof over the head. [as laid down in Mangat Mal v. Punni Devi (1995) 6

SCC 88]

g. Maintenance must vary according to the position and status of a person. It does not only mean food and

raiment. [as laid down in Maharani

Radhika Narang And Ors vs Karun Raj Narang And Anr on 16 January, 2009

Indian Kanoon - https://indiankanoon.org/doc/178624/ 20

Kesarkunverba v. I.T. Commissioner, AIR 1960 SC 1343]

27. The purpose of providing maintenance, in our view, is thus meant to secure to a wife/spouse claiming

maintenance, as far as possible, the status and

facilities enjoyed by her prior to her separation from her husband when her

maintenance claim is finally determined. The determination of maintenance not

being governed by any rigid or inflexible rule gives wide power and discretion

to the Court to do justice.

28. Thus, keeping in view the facts and circumstances of the case coupled

with the conduct of the Respondent No.1, in concealing the true facts from the

court, we are of the view that award of only Rs.40, 000/- per month by the

learned Single Judge was wholly inadequate after taking into account the social

and financial status of the Respondent No.1 and his family, because the fact

that he was the only son whose share in the various family properties was not

denied. A query to the father of the Respondent No. 1 i.e. erstwhile Respondent No.2 s counsel in FAO(OS)

No. 420/2007 failed to evoke a response as

to the extent of the share of the Appellant in the joint family property.

29. Thus, in light of the above principles of law and the factual matrix of

this appeal we hold that the Appellant would be entitled to the following

interim maintenance in addition/modification of the maintenance granted by the

learned Single Judge:

a. In substitution of the sum of Rs.40, 000/- per month awarded by the learned Single Judge, to the Appellant

in respect of a claim of

Rs.1.75 lakhs per month made by her, she would be entitled to interim maintenance at Rs.1.25 lakhs per

month from the date of the application and all

arrears as per this order are required to be paid on or before 31st March, 2009.

b. We direct the Respondent to provide for the use of the Appellant, a new car of Honda City make and

provide the same facilities of

petrol and driver provided along with the car which were provided by the company

Radhika Narang And Ors vs Karun Raj Narang And Anr on 16 January, 2009

Indian Kanoon - https://indiankanoon.org/doc/178624/ 21

M/s Eastern Medikit Ltd. as a director to the appellant. c. We also affirm and reiterate the directions of the

learned Single Judge that the Respondent is to provide to the Appellant a house minimum

of two bed rooms-cum-drawing cum dining with an extra room in any of the

colonies in South Delhi, the distance of which would not be more than 5 to 7 kms

from the school of the children. In our view, the offer of a DDA Flat by the

Respondent to the Appellant does not in any way comply with the directions of

the learned Single Judge. We, therefore, direct that the order of the learned

Single Judge qua the house, which we affirm, shall be complied within 60 days

from the date of pronouncement of this judgment. d. The rest of the directions of the learned Single Judge

such as the reimbursement of medical expenses etc. shall be followed as provided for

by the learned Single Judge.

30. There is no doubt that the courts have to be cautious and ascertain the

true facts and circumstances of a given case in granting maintenance in case of

matrimonial dispute. However, in cases where the income of the husband is

concealed and it is difficult to ascertain the correct current position, the

court may fix the amount of maintenance based on factors which were in existence

before the souring of the relation as we have done in the present case.

31. Consequently, the appeal is partly allowed in the above terms with costs

of Rs.30, 000/- payable on or before 30th January, 2009. MUKUL MUDGAL

(Judge)

MANMOHAN

(Judge)

January 16, 2009

s/sk/dr/rkb

Radhika Narang And Ors vs Karun Raj Narang And Anr on 16 January, 2009

Indian Kanoon - https://indiankanoon.org/doc/178624/ 22
"

Mr. Prabhakar,

If IT returns do not reflect the true income, HOW should the husband prove that the wife is earning a high salary; she is projecting as if she is not working as she does not file returns while she is a PAN holder for years

1 Like

(Guest)

If a woman is earning she is not entitled to alimony. If she's not earning she gets rewarded to do nothing. My sister's husband was a surgeon making several lacs per month. My sister's take hom (after taxes) is below 50K and she works so hard for it. should she have sat at home and lived off her husband? What is this law encouraging?

Roshni B.. (For justice and dignity)     27 May 2011

Originally posted by :Uma
"
If she's not earning she gets rewarded to do nothing. What is this law encouraging?
"

 

 

Sorry..Don't agree.

 

There might be several reasons why an estranged person is unable to earn.Will write them some other time.

A wife who's been deserted by husband after abuses deserves to be maintained.

In almost all countries,including advanced nations like USA,maintenance is regarded as a right.Why in India only,people take it as something shameful,and as  an insult to self respect.


(Guest)

what kind of logic is behind this law, I don't understand? On one hand, they say alimony should be dependent on husband's income (therefore it has no connection with actual living expenses). On the other hand, an earning woman gets nothing (in which case, they are assuming that she is making 'enough' to support herself, irrespective of her income or her husband's income)
Aren't these two mutually contradictory? 


(Guest)

dear Roshni, In USA an unemployed husband is entitled to maintenance from WIFE


(Guest)

Check out Britney spears case, she married her bodyguard, who is now a multi-millionaire because he got Britney's money


(Guest)

@Roshni B

You said:

"A wife who's been deserted by husband after abuses deserves to be maintained."

what about a woman who wants to earn after being deserted and abused by husband. Her desertation and abuse is not valid? In the case you highlighted, the woman is an MBA. Highly qualified. she is being incentivized to sit at home. A woman who WANTS to earn will have to forego any help. law doesn't care for CAREER WOMEN. law only cares for women who don't want to work.
You are welcome to disagree. But i have a point.

 

 


(Guest)

USA believes in equality.India doesn't.No harm if unemployed husband gets maintenance.In india also this is happening little by little.And I am in support for it.

 

In our incredible India,laws talk only on paper that wife gets maintenance according to husband;s status,but in reality very few get it.

 

Even if working,wif'e maintenance must be such that she becomes equal in all aspects,if her husbands earns much more highly than her.Same goes for an unemployed hubby,if the wife earns...

 


(Guest)

Meenal: In India these laws are made to hide the social inequalities that government is doing nothing to correct. They make s*x determination tests illegal, but who is going to catch the culprits? Dead baby girls? Similarly, they cannot do anything for women but will make enough laws to feed a recycling plant for a year.
 


(Guest)

In the above newspaper case, though the wife earned Rs. 20,000,it was still low compared to hubby's income which was more than 1 lakh monthly when he was earning.

Yes,if an abused+deserted wife is earning,she should get maintenance if her salary is much lower than that of her hubby.

 

However in the above newspaper case,one thing puzzles me.Why she got maintenance when the husband had become jobless.

 

Actually India being a colourful land,full of variety,we have colourful cases also full of varieties.

 

In some cases,a husband earning 1.5 lakhs monthly is asked to pay just Rs. 3,000 to wife under DV Act,which ironically states that maint. is to be acc. to hubby's earnings.

 

Simultaneously there are cases like above,where a jobless husband is asked to pay so much to a working wife.