Hi Everybody Thr!
I need to have the citations and full text of judgement copy for Wife ordered to pay maintenance to their husbands in the following cases and more cases i anybody can furnish ASAP. I need to submit in the Court for the maintenance case. I donot find authentic full text judgement of these cases.
SZ Ahmed
1. A single judge bench of the Allahabad High Court in Lucknow headed by Justice D P Singh directed the wife to pay Rs 2,000 per month to Kumar, an employee in the state owned Uptron Corporation, which had been declared a sick unit following which the petitioner was getting only Rs 1,000 per month.
His wife, working in a bank, got a salary of Rs 13,000 per month, had filed the divorce petition against him in a family court.
The husband also filed an application before the court seeking direction to the wife to pay him maintenance and litigation expenses.
On November 7, a single judge bench of the Allahabad High Court in Lucknow passed an interim maintenance order directing Kalpana Gupta to pay him Rs 2000 a month. The order comes into effect from September 1, 2005. Justice DP Singh has also directed the family court, Lucknow, to ensure regular payment of the maintenance, according to the order. Guptas had been married in 1989. The marriage, according to the neighbours, was "doomed right from the word go as the wife was more enterprising and aggressive and Santosh had been a happy go lucky, laid back sort of person."
Kalpana was employed with the Bhagirathi Grameen Bank in Sitapur, Santosh worked with the UPTRON till 1994 when the company was declared a sick unit.
Marital differences between the couple, who incidentally have no issues, began soon after the marriage. In 1997 Kalpana approached the family court for a divorce on ground of cruelty and demand of dowry by her husband and his family.
Santosh responded by filing an application under section 24 of the Hindu Marriage Act, and asked for maintenance during the pendency of litigation to support the necessary expenses of the proceedings. He was jobless and had no funds to contest the petition, he claimed. The family court in September 2005 rejected the claim and held that "he was an able-bodied and healthy man and capable of earning his own livelihood and therefore did not deserve any monetary support from his spouse".
Santosh challenged the order in the high court. In his order Justice Singh remarked that "since the petitioner was residing in own house and he has to incur the expenses of his widowed mother, his responsibilities seem to be higher than that of the respondent no 1 (the wife)".
The judge also said that "section 24 of the Hindu Marriage Act was equally applicable to both wife and husband" and directed that Kalpana whose salary is little above Rs 13000 a month to pay him Rs 2000 till the pendency of the suit to enable him to contest the case, informed Santosh's lawyer MM Shrivastava.
2. Pay hubby to fight for divorce: SC
The Supreme Court has directed a woman to pay Rs 10,000 to her estranged husband, who is unemployed, to enable him fight their matrimonial dispute in a Bangalore court.
Normally, under Section 125 CrPC, it is the duty of a husband to pay maintenance allowance to his wife during a divorce proceeding or thereafter. But in this case, the apex court directed Ines Miranda to pay Rs 10,000 to her husband Santosh K Swamy, living in Chennai, to fight the legal battle in Bangalore, where Miranda stays along with her daughter, after noting that Swamy was unemployed.
A bench headed by Justice Dalveer Bhandari passed the direction while disposing of a transfer petition filed by Ines Miranda seeking transfer of a case filed by Swamy in a Chennai court to Bangalore.
Source: THE TIMES OF INDIA
Date: 30.12.2009
3.
IANS India Private Limited – Thu 31 Mar, 2011 Invoking the principle of gender equality, the Delhi High Court Thursday upheld a lower court order asking a woman, who runs a business with an annual turnover of about Rs.1 crore, to pay monthly maintenance of Rs.20,000 to her estranged, unemployed husband.
Justice G.S. Sistani upheld the trial court order of 2009 that awarded maintenance to Rajeev (name changed).
‘He should also enjoy the same status as his wife,’ Justice Sistani said.
He directed Priya (name changed) to pay Rs.20,000 per month to Rajeev, in addition to a Maruti Zen Car.
‘Law is equal for both of them. When husband is unemployed then the wife, who is working, should maintain him,’ said the court.
Priya had challenged the trial court order, saying a monthly payment of Rs.20,000 was on the higher side.
The couple married in 1982 and have a son and a daughter aged 26 and 24 years respectively.
Rajeev’s lawyer Bhupendra Pratap Singh has alleged that Priya and his children threw his client out of their home in 2006 after accusing him of having an affair with another woman.
‘The court also rejected Priya’s plea that as she was already looking after their children, she should be exempted from paying her husband a monthly maintenance,’ Singh said.
The court considered Priya’s flourishing business of a hotel cum paying guest in Greater Noida while fixing the maintenance.
Singh said Rajeev had purchased the hotel in his wife’s name.
‘Priya tactfully named herself as the first party in the business and property and threw him out after levelling baseless accusations,’ he said.
Rajeev had filed for divorce in 2008 in the trial court on the grounds of desertion. He later filed a maintenance plea under section 24 of the Hindu Marriage Act
Equivalent citations: 1981 CriLJ 110, ILR 1980 KAR 612, 1980 (2) KarLJ 158
Bench: M Patil Haunsabai vs Balkrishna Krishna Badigar on 13/2/1980
“Where the wife claims maintenance under Section 125, she must positively aver in her petition that she is unable to maintain herself in addition to the facts that her husband has sufficient means to maintain her and that he has neglected to maintain her.”
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