cpc

maintainance granted to qualified wife in dv case

Professional

http://www.indiatvnews.com/news/india/husband-cannot-deny-wife-maintenance-saying-she-can-earn-court-46040.html

 
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xxx

what was the qualification / work experience of this lady , any idea ?

 

Its a biased order deserved to be challenged in the HC

 
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Hello, I'm also facing a similar situation,married for 23 years (spent almost 14 yrs in Saudi arabia with wife and children) back in India for good due to medical reason, slapped a DV case in Sept 12. Wife (B.Com), Daughter (MBA 24 yrs), son (Diploma + BE in Information Technology 21 yrs) I have to pay maintenance to all @ 33000 per month.

Case filed in sept 2012 (daughter was 21 yrs) and son (19yrs).

Stupid judges do not know the difference between a bachelors degree or Master Degree as daughter was in her 2nd year MBA during sept 12 and was asked to pay for her educational expenses upto gradutaion as per order passed by 66th court andheri.

Inspite of stating the facts before the session and high court - no respite????? Andheri court order stand validated????

Now my wife has sold a flat and is in possesion of almost 16lacs and the hudge want me to pay the balance interimn maintenance????

Am currently staying with parents in Goregaon and wife and children staying in my flat located in Jogeshwari, I've paid for the two flats and still am out on the road????

Any good lawyer pls pls help me as am in very bad situation,

Appeal letter sent to Cheif Justice of Mumbai recd a un favorable reply (attached)

Mobile 9969207223

May god bless you

thanks

 



Attached File : 732558089 bombay high court reply.pdf downloaded 68 times
 
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Hello, I'm also facing a similar situation,married for 23 years (spent almost 14 yrs in Saudi arabia with wife and children) back in India for good due to medical reason, slapped a DV case in Sept 12. Wife (B.Com), Daughter (MBA 24 yrs), son (Diploma + BE in Information Technology 21 yrs) I have to pay maintenance to all @ 33000 per month.

Case filed in sept 2012 (daughter was 21 yrs) and son (19yrs).

Stupid judges do not know the difference between a bachelors degree or Master Degree as daughter was in her 2nd year MBA during sept 12 and was asked to pay for her educational expenses upto gradutaion as per order passed by 66th court andheri.

Inspite of stating the facts before the session and high court - no respite????? Andheri court order stand validated????

Now my wife has sold a flat and is in possesion of almost 16lacs and the hudge want me to pay the balance interimn maintenance????

Am currently staying with parents in Goregaon and wife and children staying in my flat located in Jogeshwari, I've paid for the two flats and still am out on the road????

Any good lawyer pls pls help me as am in very bad situation,

Appeal letter sent to Cheif Justice of Mumbai recd a un favorable reply (attached)

Mobile 9969207223

May god bless you

thanks

 



Attached File : 732558089 bombay high court reply.pdf downloaded 54 times
 
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LEGAL CONSULTANT

Dear Mr Memon,

U may be hurt by the proceedings in the court but U have no right to use language of UR own against the Judges in this forum.They are the custodians of Judiciary.U have to  fight UR  case on merits from UR side, which can be met by an able lawyer. I have gone through the above mentioned case, kindly go through this para:

 

" The court observed that " though in today's scenario women are expected to shoulder the responsibility to run a household and earn for maintenance but the fact remains that the  Complainant  of the present case is unemployed and without any source of income"

What is the status of UR children now?

 
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Professional

SAINATH,


What if the women intentionally not working??? A qualified women has the ability to take care of her self if she was workign earlier.


Mr Menon if you can prove that your wife was working before these cases and now left because she want maintenance then you should proceed to High Court

REGARDING THE LANGUAGE = I THINK HE HONORED THE JUDGE BY SAYING STUPID


SINCE YOU ARE INTO PROFESSION THAT DOES NOT MEAN YOU ARE SAINT TOO


PROVE YOUR INNOCENCE ON THE ALLEGATIONS FIRST> JUST LIKE ANY DV or 498A SUFFERER IS DOING

 
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Manager

Recent order of High Court Mumbai is itself clear that a woman is qualified, she not deserve for any maintenance.

 

Mr. M. L. tahilyani order is itself clear that if there is no DV, there is no maintenance to child even.

 

 
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LEGAL CONSULTANT

See the below judgement:

 

“The woman shall during the period of one year look for a job and start an independent life. After the conclusion of one year, respondent (husband) shall not pay the maintenance of woman,” Additional Sessions Judge Anuradha Shukla Bhardwaj said.

“The appellant will have to take up some work sooner or later, she being an educated woman having earlier work experience,” the court said, adding “this maintenance, however, cannot be perpetual as argued by the counsel for the respondent (man).

The court directed the man to pay an additional amount of Rs 10,000 per month to his wife but said “this maintenance, however, shall be for restricted period i.E. For one year from the dat“The woman shall during the period of one year look for a job and start an independent life. After the conclusion of one year, respondent (husband) shall not pay the maintenance of woman,” Additional Sessions Judge Anuradha Shukla Bhardwaj said.

 
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Dear SAINATH DEVALLA,

When the case was registered my daughter was in her 2nd year MBA course, she had already cpmpleted her bachelors (BMS) 2008-2011 from Bhavans College, Andheri (W) Mumbai. She was 21 yrs of age as on the case was filed in 66th Court Andheri (DOB 17/12/1990) case filed on 24 sept  2012

You can view her profile on http://in.linkedin.com/pub/sana-memon/52/57b/7a6.

My son was 19 years of age the day the case was filed (DOB 17 july 1993) and he was in his 2nd year bachelors degree (IT) . He had already completed his 3 years Diploma in IT from Shri Bhaghu bhai Mafatlal Polytechnic

You can view his profile on http://in.linkedin.com/in/kashifmemon93

Am attaching both their profiled and the same was submitted to all the judges at Andheri, Sessions and High Court Mumbai.

I have approached them to resolve my issue and not to create more mess in my case.



Attached File : 946505730 20150131 sana memon linkedin.pdf, 946505730 20140827 kashif memon - india linkedin.pdf downloaded 88 times
 
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Advocate

What is your lawyer's opinion to this? hope he too has the knowledge of the decided case?  however, it is not a case reported in any law journal hence it may not be quoted as citation.

 
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