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Maintainence under section 125

Page no : 4

(Guest)

As this is not the first case, there are many ladies who suffer like you in Indian society and judiciary.

 

So my advice is to come on this forum and help those like you as we help, you can also help to other women too.

 

Yes, god is with you as you said God had mercy on me and my education background fetched me job only to fight more against the wrong doers.

so, be patient. And calm.

 

UESTION IS : do husband has the duty towards a left over wife ..or not ..’

 

YES, husband has the duty towards a left over wife.

 

will slow and stagnant judiciary which are running on the wheels of  whims and fancies of judges ruin the system ????

YES.

 

we will see a better tomorrow of crystal clear outlook of judiciay .

May be. But for that you and other women should awake as earlier you said It is our constitutional duty to uplift ourselves and get perfection.

And don’t forget to post your updated  case status so that we can help you in future.

 

 

3 Like

Bhartiya No. 1 (Nationalist)     06 November 2010

below I am posting a news article, related to maintenance, just check whether it is useful or not,

 

'Wife, kids to get maintenance from day case is filed' [India]

 by Mahapatra, Dhananjay

NEW DELHI: Delaying proceedings on one pretext or the other before the trial courts on grant of maintenance to wives and children could prove very costly for husbands. For, the Supreme Court has ruled that wives, children and even parents deserted by their husband, father and children, respectively, will be entitled to get maintenance from the date they filed the application for alimony in the trial court.

This ruling reverses a standard judicial practice to grant maintenance from the date of verdict on the application made under Section 125 of the Criminal Procedure Code, which provides for interim arrangement for sustenance of the dependents pending decision on a matrimonial dispute.

This judgment by a Bench comprising Justices C K Thakker and D K Jain came on a petition filed by a mother of nine, who after three decades of marriage to a bank cashier, faced an uncertain future being deserted by him. Except for the youngest daughter left along with the mother to fend for themselves, the husband lived separately with the rest of the children.

While the Bhojpur Family Court ordered the cashier to pay maintenance from July 21, 1997, when the woman and her daughter filed the plea seeking maintenance, the Patna HC reversed it saying they were entitled to alimony from 2006, when the trial court gave its verdict.

Terming the interim maintenance granted by trial courts under Section 125 of the Criminal Procedure Code as an immediate measure to save a deserted wife and children from destitution, the Bench said if alimony was directed to be paid from the date of verdict, the husband would keep delaying the proceedings.

"The deserted wife and children are the sufferers who seek shelter of the protective umbrella provided by Section 125 of the Code. If maintenance is not granted from the date of application, the weaker sections are sure to lose confidence in the justice delivery system," said Justice Thakker, writing the judgment for the Bench.

"The duration of the litigation is not within the power or in the hands of the applicant and entitlement to maintenance should not be left to the uncertain date of disposal of the case," the Bench said, adding it was the husband's moral obligation as well as the legal duty to maintain his wife.

dhananjay.mahapatra@timesgroup.com

 

Source/link:

https://findarticles.com/p/news-articles/times-of-india-the/mi_8012/is_20080731/wife-kids-maintenance-filed-india/ai_n39495028/

1 Like

Bhartiya No. 1 (Nationalist)     06 November 2010

below is the link of the judgment of the news article above,

https://indiankanoon.org/doc/1952766/

and I am attaching the full judgement


Attached File : 38 38 shail kumari devi anr vs kishun b pathak.doc downloaded: 137 times
1 Like

Renuka Gupta ( Gender Researcher )     06 November 2010

Yes Mr. Kushan you are right. 

 

Many many threads in the past have discussed the same question threadbare. It's good that this issue has come to life again. The problem from men's side is how to reduce the maintenance amount and from women's side is to get justice and equity in terms of maintenance. 

Ashutosh ji, you are doing good job by posting some relevant judgement. Please keep it up. 

1 Like

manjit kalra (system eng)     06 November 2010

oh m6y god dr. majumdar, reverse was situation with me , my other half wud say to judge i love you and to IO also said where will u be in evening. judge was definitely her dads age.

so definitely girls have come very ahead today, very progressive.


(Guest)

I salute the Indian soldiers and army officers and bharat mata(true indian women). But here is a different matter.

Here  what Dr.Bharti Jaiswal Majumdar   Said ;

My husband filed Written statement and tried all delay tactics thereafter taking full use of his army officer's tag.

 

Look her present situation;

As already told before I filed maintainence under sec 125 in 2008 . At that point of time I wasin complete plight ..my money looted ...my honor lost ...society questioning me ...eyes haunting me ....my old parents in tears and only one younger sister frightened to see my plight .....and no male support ...the only support was my husband whom i believed will be my everything had left me .He knew I was weak as i had no support and he was a powerfull army officer who at once got a new girl friend after he left me .


My husband was buying ford ikon and enjoying his life (Girl)  when i was struggling after the misacarrige of our child.


Suffered a fraud and more than that i suffered in the society with a KALANK of divorcee . I faced all and one time had no money even to survive . My parents gave me jwellery worth 10 lakhs which is all taken by my MIL .They denied in court . My money and all is taken by them. Then I started agin from ZERO and cleared exams completed my docotrate in commerce but it was not easy . i managed to get the job and honestly striving hard to earn more tahn my hubby but I LOST MY ENERGY ,RYTHM ,DESIRE AND MORE IMPORTANT MY AGE .MY JOURNEY IN MARRIGAE TOOK 3 years .Friends I honesly want to say that I did all this but many of the womwn could not ...the pressure ...the circumstances for an indian lady are not very favourable...it is tough ...ground level reality for an Indain DIVORCEE lady is nerve shivering .She is just like BENAMI PROPERTY.


Now what i suffered at court will make u all shiver . I was beautiful.The family court judge of my father's age messages me that he loves me...and nonsense stuff. I cried a lot . i could not fight against the whole system.... but i went to the chamber of judge and said Sir i have nothing left except my dignity ...even if i losse case i donot care ..i care for my honesty and my love for my husband .......the same judge was later suspended as he was exploiting many women.

 

 

 Indian army and Indian jawan slogan is  BHARAT MATA KI JAI’ .This man is performing his duty towards our Indian nation called bharat mata but not take care of his wife. yahaa to aap ka naam bhi Bharti hai what a coincident.:P

 

How this man called army officer who doesn’t care about his wife?

 

"MOTHER INDIA-- Cast: Nargis, Raj Kumar, Sunil Dutt, Rajendra Kumar. Producer/Director: Mehboob Khan. Music: Naushad. Year: 1957. 'Mother India' is an epic saga of the sufferings of an Indian peasant woman that would become one of the most important cinematic tributes to Indian womanhood. Abandoned by her husband, Radha raises her three sons and fends off the landlord's advances and extortions on her own. One son dies; another matures into a dutiful son, but the third—Birju—grows up a wayward rebel. Radha has to make the ultimate sacrifice, in honour of her village, by shooting Birju down."

 

 

In the central image, we see a woman occupying the map of the nation, giving the nation as body a very tangible female form. We have here an image which takes its meanings from a wide range of cultural signifiers: the smiling face of the goddess standing in front of her lion, looking directly into the gaze of onlookers. In the second subtext, however, the body of the nation has been defined in a very systematic and anatomical fashion. The cultural signifiers of the visual image have been provided with a set of concrete meanings and contexts. The quotation says:

 

I am India. The Indian nation is my body. Kanyakumari is my foot and the Himalayas my head. The Ganges flow from my thighs. My left leg is the Coromandal Coast, my right is the Coast of Malabar. I am this entire land. East and West are my arms. How wondrous is my form! When I walk I sense all India moves with me. When I speak, India speaks with me. I am India. I am Truth, I am God, I am Beauty.

There is an interesting contradiction here between the first and second subtexts of this frame. Note the use of masculine gender in the words in bold face that follow: "Jab main chalta hoon to sochata hoon ki pura Bharatvarsh chal raha hai. Jab bolta hoon to sochata hoon ki pura Bharat bol raha hai." The earlier subtext has given us to believe that that the body of the nation is female; however, the second subtext makes it very clear that the body in consideration is male.

 

The genealogy of the figure of Bharat Mata has been traced to a satirical piece titled Unabimsa Purana ('The Nineteenth Purana'), by Bhudeb Mukhopadhyay, first published anonymously in 1866. Bharat Mata is identified in this text as Adhi-Bharati, the widow of Arya Swami, the embodiment of all that is essentially 'Aryan'. The image of the dispossessed motherland also found form in Kiran Chandra Bandyopadhyay's play, Bharat Mata, first performed in 1873. The play influentially entered into nationalist memory in its early phase.

 

The landmark intervention in the history of this symbol was Bankim Chandra Chattopadhyay's Ananda Math. In this classic text, the figure of the mother has an evolutionary biography marked in three phases. The journey takes place from the figure of 'mother as she was in the past' to 'mother in the present' who still retains the power to transform herself into 'mother as she will become in the future'. In her present form she is Kali, supposedly haunting the cremation grounds and dancing on Shiva's chest, signifying the reversal of order and suggesting a parallel between the land of Bharat and a cremation ground. The final image is that of Durga, the ten armed mother, the symbol of power with all her shining weapons. Such representations suggest a nascent nationalism in the process of widening its popular appeal by appropriating prevalent religious culture. Jasodhara Bagchi also points out that Ananda Math was Bankim's response to the positivist ideology of order and progress.

 

we have a combination of perfect refinement with great creative imagination. Bharat Mata stands on the green earth. Behind her is the blue sky. Beneath the exquisite little feet is a curved line of four misty white lotuses. She has the four arms that always, to Indian thinking, indicate the divine power. Her sari is severe, even to Puritanism, in its enfolding lines. And behind the noble sincerity of eyes and brow we are awed by the presence of the broad white halo. Shiksha-Diksha-Anna-Bastra, the four gifts of the motherland to her children, she offers in her four hands? What [Tagore] sees in Her is made clear to all of us. Spirit of the motherland, giver of all good, yet eternally virgin.... The misty lotuses and the white light set Her apart from the common world, as much as the four arms, and Her infinite love. And yet in every detail, of "Shankha" bracelet, and close veiling garment, of bare feet, and open, sincere expression, is she not after all, our very own, heart of our heart, at once mother and daughter of the Indian land, even as to the Rishis of old was Ushabala, in her Indian girlhood, daughter of the dawn?

 

From Goddess to Mother

The post-swadeshi period witnessed another shift in imaging India, from goddess-figure to housewife and mother, as seen in a short story entitled Bharat Mata by Anand Coomarswami. This is a story of "a tall, fair and young woman". She was "wealthy and many had sought her hand, and of these, one whom she loved least had possessed her body for many years; and now there came another and stranger wooer with promises of freedom and peace, and protection for her children; and she believed in him, and laid her hand in his."

The story goes on: Some other children were roused against him, by reason of his robbing them of power and interfering with the rights and laws that regulated their relations to each other; for they feared that their ancient heritage would pass away for ever. But, still the mother dreamed of peace and rest and would not hear the children's cry, but helped to subdue their waywardness, and all was quiet again. But, the wayward children loved not their new father and could not understand their mother.

 

The turning point of the story comes when [the] mother bore a child to the foreign lord, and he was pleased there at, and deemed that she (for it was a girl) should be a young woman after his own heart, even as the daughters of his own people, and she should be fair and wealthy, and a bride for a son of his people. However, when this child was born, the mother was roused from her dream.

But, the girl grew strong, and would carry little of her father's tyranny, and she was mother to the children of the children who came before her, and she was called the mother by all?" Her children rose in revolt against their father but were subdued. The mother helped her children this time and she left the foreign lord, and when the foreign lord would have stopped it, she was not there, but elsewhere; and it seemed that she was neither here, nor there, but everywhere.

And the writer concludes philosophically, "And this tale is yet unfinished; but the ending is not afar off, and may be foreseen."

Ninety years after its publication, this story, read from a post-colonial location, is perhaps not very exciting. Yet, while its personification of the nation is one to which we are now accustomed, the shift that has taken place here, from nation as goddess to a more earthly figure is crucial. A parallel can also be observed in Sri Aurobindo's ways of looking at Bharat Mata. Writing in 1920, he remarks,

... the Bharat Mata that we ritually worshipped in the Congress was artificially constructed, she was the companion and favourite mistress of the British, not our mother .... The day we have that undivided vision of the image of the mother, the independence, unity and progress of India will be facilitated.

But Aurobindo warned that the vision had to be one that was not divided by religion. He concluded, "... if we hope to have a vision of the mother by invoking the indu's mother or establishing Hindu nationalism, having made a cardinal error we would be deprived of the full expression of our nationhood.

 

Temples to a new deity

The institutionalised entry of the icon into the domain of religious practice goes back to the 1930s. In 1936, a Bharat Mata temple was built in Benaras by Shiv Prashad Gupt and was inaugurated by none less than Mahatma Gandhi. The temple contains no image of any god or goddess. It has only a map of India set in marble relief. Mahatma Gandhi said, "I hope this temple, which will serve as a cosmopolitan platform for people of all religions, castes and creeds including Harijans, will go a great way in promoting religious unity, peace and love in the country." In the Mahatma's speech we see a concern for the universal mother, not restricted to the mother that is India but the mother that is the earth.

 

Now, here a question is our bharat mata so called India safe from china,Pakistan?

All this because of our corrupt Indian politics and administration .This things also applied to our Indian society so called family system.

And lastly ,she asked;

UESTION IS : do husband has the duty towards a left over wife ..or not ..’


YES, husband has the duty towards a left over wife.


will slow and stagnant judiciary which are running on the wheels of  whims and fancies of judges ruin the system ????

YES.

 

we will see a better tomorrow of crystal clear outlook of judiciay .

May be. But for that you and other women should awake as earlier you said It is our constitutional duty to uplift ourselves and get perfection.

And don’t forget to post your updated  case status so that we can help you in future.

 


1 Like

BJM_BJM_BJM (Service )     06 November 2010

Learned Friends,

Thanks a lot for your guidance ... i definately need it ...thnks a lot .......and yes i have been awaken by brutalities of time and hence  rising to new dimensions of understanding Goddess Sita ...understanding Arjuna who had to fight against his own loved ones . This understanding I could not have ever undersood if I would have lived a life full of parties ....show bizz in army . Ooops my post is becoming tooo personal and philosophical ....crossing the legal boundaries of the forum . Yet I will say that I have stood aginst the mighty Indian army for the injustice ...the case details  i will put soon on the forum .... but i request mr .majeet not to think othervise because all women are not same ...for me my honour is the Aamanat of  my parents and my husband too who is blinded with his lust and pride. Anyways thanks alot for all who guided me ...I will update my case status soon and will see that this fight does not go in vain .My pain and agony does not goes to the coming up generations ....

thnks all again

Bharti j.majumdar

1 Like

Bhartiya No. 1 (Nationalist)     06 November 2010

Ok Dr. bharti, u keep on posting ur problems at every stages, we may try to find out the solutions. Here advocates are very helpful. So feel like own family to this family forum.

BJM_BJM_BJM (Service )     13 November 2010

Learned Friends

Hello

There is one update in my Maintainence 125 CrPc case and that is that HIgh court has dismissed my husband's appeal under the context that he has the right to challenge the case u/s 126(2) CrPC .Hence his appeal has been dismissed .I request for ypur comments.

Regards

Jaibharti

Bhartiya No. 1 (Nationalist)     16 November 2010

Originally posted by :Dr.Bharti Jaiswal Majumdar
"
Learned Friends

Hello

There is one update in my Maintainence 125 CrPc case and that is that HIgh court has dismissed my husband's appeal under the context that he has the right to challenge the case u/s 126(2) CrPC .Hence his appeal has been dismissed .I request for ypur comments.

Regards

Jaibharti

"

 

 

 

 

Respected Professionals,

Plz, contribute/suggest to the above query/problem.

Thanks and regds


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