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R.R. KRISHNAA (Legal Manager)     30 December 2009

Maintenance for Husband orders Supreme Court

Pay hubby to fight for divorce: SC

 

NEW DELHI: In a rare departure from rules, 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

 

 



Learning

 24 Replies

N.K.Assumi (Advocate)     30 December 2009

Interesting Judgement, I would love to see the whole judgement.

A.Lawrence Peter Shaw (B.A.,B.L.,)     30 December 2009

Very Good Order,

S.V (-)     30 December 2009

woman who just marry for money and then divorce for no substanial reason disgust me !! Just shows what kind of person she is

S.V (-)     30 December 2009

Yes very good judgment..what person walks out on their partner when they are already down. he may not have a job today.. he might get one tomorw ... where is the justice !


(Guest)

One thing our learned are missing.  The husband filed a case for "restitution of conjugal rights" and he is submitting before the Supreme Court that he is unemployed.  Had he been unemployed, how could he keep his wife in matrimonial home at Chennai with honour and dignity.


(Guest)

Further, the amount is for one time to fight the case and it can be termed as "litigation expenses" instead of maintenance.

Rajadiraja (Advocate/consultant )     30 December 2009

Very good judgement.  Hope atleast now things change for justice to prevail.  If it is maintenance order, then it is really something to be applauded.  Would somehow help in publishing the entire judgement so that they can be of help to many of them in similar situations facing cases so as  to quote this as citation. 

sunil pagare (lawyer)     30 December 2009

It is a proof of changing the law , it will help those husband who suffer alot from their Wife.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     30 December 2009

dear friends, it is not a new law. i hereby quoting the hindu marriage act bellow:-

Hindu Marriage Act; Act no 25 of 55
Sec.  24: Maintenance Pendente lite and expenses proceedings. - Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.-akg  arupkumargupta@gmail.com

 

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     30 December 2009

 

 

It is already a law but usually courts did not consider the situation of the husband in that way. Atleast now courts will consider this point also.

Thanks for nice judgment plz also send citation.

N.K.Assumi (Advocate)     31 December 2009

Section 24 of the MHA applies to the fortunate Hindu Husband, so does it means that the above judgment applies only to the Hindus? If so, does the above classic Judgement is confined to Hindus only? Please post the full Judgement of the Suyprem Court .

Md.Anwarul Haque Danish (None)     31 December 2009

I cannot find this Judgment online. If anyone has it plz emial it to me or post it here.

 

Thanks in advance.

Aftab4u (PVT EMPLOYEE)     31 December 2009

is it applicable for all the people for all the religions ?? including muslims.

Pay hubby to fight for divorce: SC

Aftab

B.N.Rajamohamed (advocate / commissioner of oaths)     09 January 2010

 

Thank you Mr.Krishna for this generous job of informing us about the latest verdict of the apex court. But a similar judgement was delivered by the punjab and haryana high court in the year 1996 .


 

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