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Minnie (None)     12 February 2013

New catena of judgements for maintenance of wife

 

I am seeking annulment of marriage from my husband settled abroad. On the basis of impotency.Section 12 (1) (a )and 12 (1)( c) I have also filed cases under section 24 and 125 for maintenance.i am one those rare womns who has not filed any dowry or domestic violence case or criminal complaint yet as his parents are more or less ready for out of court settlelment.

But i also want to claim maintennca thru court.

His lawyer says that "as per new catena of judgements if a spouse chooses not to work depite being wualified then she cannot claim maintennce". My qualifications have been misrepresented but it will be easy for me to prove that i am not qualified to work and that, in fact, i ahve been unemployed because of a lack of qualification., ssince year 2010. my marriage happned in 2012. however, i have applied to educational instituions after separation from husband  for getting more qualified and i also have proof of the same. so i can also show that i am making efforts at getting emplyment but have yet been unable to succeed.

can somebody please give citations of the jusdegemensts that my hsuabnd's lawyer is quoting? it will be of great help as i will then be able to counter his allegations more elaborately. i do not know what these new judgemnets regarding a qualified spouse say?



Learning

 12 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     12 February 2013

Dear Minnie,

U can contact me for help inh ur case.

stanley (Freedom)     12 February 2013

IN THE COURT OF MS. MADHU JAIN
ADDL. DISTRICT JUDGE
ROHINI COURT : 
DELHI
M No. 28/07

Sh. Neeraj Aggarwal – Petitioner

Vs.

Mrs. Veeka Aggarwal – Respondent

ORDER


1.. This is an order on application under Section 24 of Hindu Marriage Act filed by the applicant/ wife, respondent in the main case (hereinafter referred to as the applicant) against the non-applicant/ husband, petitioner in the main case (hereinafter referred to as the non-applicant) for grant of maintenance pendentelite and for litigation expenses.


2.. In the application it is stated that the applicant/ wife has no independent source of income and she is not given any kind of maintenance by the non-applicant/ husband to live her life properly and therefore she is facing much hardship in the life. The non-applicant/ husband has flatly refused to maintain her. The non-applicant/ husband is working in a private sector as a Senior Software Engineer HPC in STM Microelectronics Pvt. Ltd., Plot No.1 A, Knowledge Park-2 (near LG Gol Chakkar), Greater Noida and is earning about Rs. 80,000/-pm. He has no other liability and he is not discharging his responsibilities towards the applicant/ wife with ulterior motives to harass and humiliate the applicant/ wife. The applicant/ wife is the legally wedded wife of the non-applicant/ husband and, thus, being a husband, he is bound to maintain the applicant/ wife. The applicant/ wife is fully dependent on the mercy of her parents, who are having other liabilities also and she has no independent source of income to maintain herself. It is, therefore, prayed that the non-applicant/ husband be directed to pay a sum of Rs. 30,000/-pm as maintenance allowance pendentelite to the applicant/ wife and expenses of proceedings.


3.. The application has been contested by the non-applicant/ husband, who in his reply has stated that the applicant/wife is a well qualified graduate Engineer in the field of information Technology and just after the marriage she had joined the service of a private firm and was drawing a handsome salary as initially she was taking Rs. 5000/-pm. Now-a-days she is competent and qualified to earn thousands of rupees per month. She is a qualified trained engineer and she is self stand financially in all respects. The non-applicant/ husband has never neglected or refused to maintain her in any manner and she was duly maintained during her stay in her matrimonial home. The non-applicant/ husband is still ready and willing to provide financial assistance or maintenance if required or needed by her for any purpose in any manner. It is not denied that the non-applicant/ husband is also a qualified engineer and is employed in Greater Noida, U.P. but the actual amount of monthly salary being drawn by him is Rs. 45,000/-pm. It is stated that he has to maintain his retired father and ailing, diabetic mother and old grandmother and also to treat his two married sisters and to look-after his younger unmarried under-education sister of marriageable age as his younger sister is doing B.Ed. from a regular college. He is also paying loan premiums and other household expenses. The applicant/ wife has herself deserted her matrimonial home without any threats or atrocities caused to her by her in-laws and she is not returning to her matrimonial home despite the petition for restitution of conjugal rights filed by the non-applicant/ husband. It is stated that the non-applicant/ husband is publicly and openly as well as warmly welcoming the applicant/ wife to her matrimonial home but she has started demanding maintenance sitting in her parental home to feed her greedy parents and selfish relatives instead of returning to her matrimonial home and to assist the non-applicant/ husband and her other in-laws in her matrimonial home at the time of need. It is stated that the conduct, attitude and nature of the applicant/ wife is of such type that she is not entitled for any maintenance. Further more, she has also filed a separate petition U/s 125Cr. P.C. for maintenance only with a view to get the non-applicant/ husband harassed in a criminal court. It is stated that the applicant/ wife is not a helpless or poor lady and she is not incapable to maintain herself as she is a well qualified engineer and is already an earning hand. She is handing over all her income to her parents. She does not require any monastery assistance from the non-applicant/ husband as she is already having a good bank balance in State Bank of Bikaner & Jaipur at Rohini, Sector-5,
Delhi , bearing A/c No. 61005521399 and several other bank accounts also. She also has some immovable properties in her name. It is denied that she requires Rs. 30,000/- as maintenance and other charges as prayed. It is, therefore, prayed that the application be dismissed with heavy cost.


4.. I have heard the Ld. Counsel for both the parties and have carefully perused the record.


5.. During the course of arguments it has not been denied by the Counsel for the applicant/ wife that the applicant/ wife herself is an engineer graduate in the field of Information Technology. Ld. Counsel for the applicant/ wife submitted that the applicant/ wife submitted that the applicant/ wife joined the job for some time after the marriage but thereafter due to the marital disputes she is not in a position to pursue her job and has left the same. In her entire application the applicant/ wife has no where stated that she is also an engineer graduate in the field of Information Technology and that she also joined the job after her marriage. Those seeking justice and equity from the Court must come to the court with clean hands. It seems that for obvious reasons and to extract money the applicant/ wife has not disclosed her true qualifications in the Court. The applicant/ wife is an engineer graduate and, therefore, can very well maintain herself and there is no need for her to depend upon the mercy of her parents or on the non-applicant/ husband. The purpose of Section 24 of H.M. Act is not to extract money from the other party and the court should not be a forum to extract the money or to blackmail the other party. In II (2000) DMC 170 titled as Mamta Jaiswal Vs. Rajesh Jaiswal, the Hon’ble Madhya Pradesh High Court has observed as under:-

“Section 24 – Pendente Lite Alimony : Purpose of Enactment : Not meant for supporting idle (Qualified) spouses waiting for ‘Dole’ to be Awarded by her husband – Section 24 has been enacted for purpose of providing monetary assistance to such spouse who is incapable of supporting himself/ herself in spite of sincere efforts – Spouse well qualified to get service immediately with less efforts is not expected to remain idle to squeeze out his/her purse by cut in nature of pendent elite alimony – Wife well qualified woman possessing qualification like M.Sc., M.C. M.Ed – How can such a lady remain without service – lady who is fighting matrimonial petition filed for divorce, cannot be permitted to sit idle and put her burden on husband for demanding – pendente lite alimony from him during pendency of matrimonial petition.”


6.. In I (2001) DMC 19 titled Sangitaben Rasiklal Jaiswal Vs. Sanjay Kumar Ratilal Jaiswal, Mehsana, the Hon’ble Gujarat High Court has held that the wife is entitled for Free Legal Aid and therefore, the Court should keep in mind that wife is entitled for free legal services also.


7.. In the present case the applicant/ wife is a well qualified engineer and, therefore, there is no need for her to sit idle at home waiting for the maintenance from the non-applicant/ husband. In the peculiar facts and circumstances of the case since the applicant/ wife is well qualified and, therefore, can earn handsome amount by working and there is no need for her to be financially dependent upon her parents or on the non-applicant/ husband, she is not entitled for any maintenance. While hearing arguments on the application it was ordered that the maintenance shall be granted to the wife till the disposal of the petition. This sentence in order sheet dated 27.08.2007 only means that the wife is entitled for the maintenance from the date of filing of the application till the disposal of the main petition and not thereafter. It no where reflects that the wife shall be entitled to maintenance I every case come what may.


8.. Therefore, in view of the above said discussion, the application U/s 24 Hindu Marriage Act of the applicant/ wife is dismissed. There shall be no orders as to cost. File be consigned to Record Room.
Announced in 
Open Court
Dated : 19.09.2007

stanley (Freedom)     12 February 2013

 

IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL.REV.P. 344/2011

 


DAMANREET KAUR
 ..... Petitioner
Through: Mr.Sugam Puri, Advocate

 

Versus

 

INDERMEET JUNEJA & ANR ..... Respondents
Through: Mr.Shyam Moorjani with

Mr.Taru Goomber, Mr.Pankaj Mendiratta

and Mr. Gaurav Goswami, Advocates.

 

RESERVED ON: 19.04.2012
PRONOUNCED ON: 14.05.2012

 

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

 

 

1. The petitioner has preferred this revision petition impugning the order dated 01.06.2011 passed by the learned Addl. Sessions Judge, Delhi. The petitioner is wife of respondent Indermeet Juneja. She filed a complaint case bearing No.352/3 under Section 12 of Protection of Women from Domestic Violence Act, 2005 along with an application for monetary relief under Section 23 of the Act. Her prayer for interim monetary relief was declined vide order dated 18.11.2010 by the learned M.M.

 

2. Feeling aggrieved, she preferred an appeal against the said order passed by the learned M.M. declining monetary relief to her. In appeal, the learned ASJ vide the impugned order dated 01.06.2011 though declined the prayer of interim monetary relief to the petitioner, partly allowed the appeal and directed the respondent to pay a sum of Rs.10,000/- per month from the date of filing of the petition towards contribution of the respondent to maintain the child born out of the wedlock of the parties.

 

3. The grievance of the petitioner is that the learned ASJ committed an error in declining the relief to her on the ground that she was well qualified, capable to maintain herself and had the capacity to work and that she had also been actually earning in the past and was thus not entitled to get any maintenance from the respondent. The petitioner has submitted that earlier she was working with Met Life Insurance Company since the birth of her child. The company due to its relocation process had asked the petitioner to shift to Bangalore. She could not accept this offer as it would not be appropriate for the child to be uprooted from the place where she has been residing and due to the fact that there were visitation orders passed by the learned Sessions Court and had the petitioner along with the child shifted to Bangalore, the said orders could not have been complied with. As such the petitioner turned down the offer of the company. The company refused to change its policy and the petitioner was forced to resign from her job.

 

4. The relieving letter placed on record by the petitioner is dated 17.08.2010. As per this relieving letter the date of joining of the petitioner with Met Life was 07.01.2008 and her designation at the time of leaving the company was Assistant Manager (Service Delivery). She has been relieved pursuant to her resignation letter dated 17.06.2010. This letter is not accompanied by the resignation letter of the petitioner giving the reasons for her resignation or the policy of the company to shift her toBangalore. It is relevant to mention here that while the date of joining of petitioner with Met Life Insurance is 07.01.2008, the petitioner has given birth to a female child on 18.09.2008 i.e. in the same year and despite having infant child to take care, she has served the company till she was relieved on 17.08.2010.

 

5. The contention of petitioner is that in order to comply with the order of the Court to allow the respondent to have visitation right she could not shift to Bangalore. There is nothing on record to indicate that at any point of time despite continuous litigation going on between the parties she had approached the Court for modification of the order regarding visitation right. If the petitioner of her own prefers to resign, she cannot take shelter under the Court order regarding visitation right. With the passage of time the child has grown up and is of school going age. Thus, it is more convenient for a working mother to be in the job then to sit at home.

 

6. The learned ASJ has rightly declined the interim monetary relief to the petitioner by holding that she was well educated lady earning Rs.50,000/- per month and had chosen not to work of her own will though had the capacity to work and find a suitable job for herself.

 

7. The learned ASJ in the impugned order has also corrected the error appearing in the order of learned M.M declining the monetary relief to the child for the reason that she was not the petitioner before the Court. In para-10 of the impugned order, the learned ASJ, after considering the facts and relevant case law has concluded as under:-

 

"10. On perusal of record and after hearing the submissions made at bar, I do not find any infirmity in the impugned order as regards maintenance to the appellant/wife is concerned. The question, whether appellant/wife was forced to resign or she had resigned herself is a question to be considered by the court during trial and also the question whether the reasons given by her for resigning were satisfactory or not. These are the question to be gone into during evidence by the Learned Trial Court. But, the observation of the Learned Trial Court in para-10 i.e. "As far as the maintenance of the child is concerned, since she is not the petitioner in the present complaint, I would not be able to pass any orders as regards the maintenance for the daughter of the parties", is erroneous and cannot be sustained. Admittedly on the date, when application u/s. 12 of the “act was filed by the appellant/wife, child was in the custody of the husband. Secondly, if the scheme of the act is seen as a whole, it is obvious that it is not necessary that the child should be impleaded as a party. Relief can be granted to the child or for the benefit of the child without child being impleaded as a party. The relief can be granted not only to the aggrieved person, but also to the „child. On reading of Section 20 and 21 of the „Act it is clear that not only aggrieved person, but any child or children may be granted relief. The court has to keep in mind the interest and the welfare of the child, even if child is not a party. Therefore, orders as regard custody or the maintenance or the welfare of the „children can be passed even if child is not a party in the application filed under the “Act before Learned Metropolitan Magistrate. There is manifest error in the impugned order as regards the observations in para-10 of the impugned order, which is set aside. In view of this, it is directed that Learned Trial Court shall decide the quantum of maintenance for the minor daughter of the parties after making a realistic assessment of the needs of child, keeping in view the status of parties, on the basis of material placed on record by the parties. Respondent/husband submitted that he was ready and willing to bear 50% of expenditure of the child. He can show his bonafide by providing some assistance to the child so that the child is brought up in an appropriate atmosphere and so that she is provided with minimum comfort, which the child requires.”

 

11. In the circumstances, till further orders are passed by the Learned Trial Court, I deem it expedient in the interest of justice to direct the respondent/husband to pay sum of Rs.10,000/- per month towards his contribution from the date of filing of the petition to maintain the child. The amount ordered to be paid by respondent / husband shall not tantamount to be an expression on merits of the case. Appeal stands disposed of accordingly. TCR be sent back along with copy of this order. File be consigned to Record Room."

 

8. In Smt.Mamta Jaiswal vs. Rajesh Jaiswal 2000(3) MPLJ 100, the High Court of Madhya Pradesh while dealing with identical situation observed that well qualified spouses desirous of remaining idle, not making efforts for the purpose of finding out a source of livelihood, have to be discouraged, if the society wants to progress. For better appreciation, relevant paragraphs of the said decision are reproduced hereunder:-

 

"In view of this, the question arises, as to in what way Section 24 of the Act has to be interpreted. Whether a spouse who has capacity of earning but chooses to remain idle, should be permitted to saddle other spouse with his or her expenditure? Whether such spouse should be permitted to get pendent lite alimony at higher rate from other spouse in such condition? According to me, Section 24 has been enacted for the purpose of providing a monetary assistance to such spouse who is incapable of supporting himself or herself inspite of sincere efforts made by him or herself. A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendent lite alimony. The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversary by implementing the provisions of law suitable to their purpose. In the present case Mamta Jaiswal is a well qualified woman possessing qualification like M.Sc. M.C M.Ed. Till 1994 she was serving in Gulamnabi AzadEducation College. It impliedly means that she was possessing sufficient experience. How such a lady can remain without service? It really put a big question which is to be answered by Mamta Jaiswal with sufficient cogent and believable evidence by proving that in spite of sufficient efforts made by her, she was not able to get service and, therefore, she is unable to support herself. A lady who is fighting matrimonial petition filed for divorce, cannot be permitted to sit idle and to put her burden on the husband for demanding pendente lite alimony from him during pendency of such matrimonial petition. Section 24 is not meant for creating an army of such idle persons who would be sitting idle waiting for a „dole to be awarded by her husband who has got a grievance against her and who has gone to the Court for seeking a relief against her. The case may be vice versa also. If a husband well qualified, sufficient enough to earn, sit idle and puts his burden on the wife and waits for a dole to be awarded by remaining entangled in litigation. That is also not permissible. The law does not help indolents as well idles so also does not want an army of self made lazy idles. Everyone has to earn for the purpose of maintenance of himself or herself, at least, has to make sincere efforts in that direction. If this criteria is not applied, if this attitude is not adopted, there would be a tendency growing amongst such litigants to prolong such litigation and to milk out the adversary who happens to be a spouse, once dear but far away after an emerging of litigation. If such army is permitted to remain in existence, there would be no sincere efforts of amicable settlements because the lazy spouse would be very happy to fight and frustrate the efforts of amicable settlement because he would be reaping the money in the nature of pendent lite alimony, and would prefer to be happy in remaining idle and not bothering himself or herself for any activity to support and maintain himself or herself. That cannot be treated to be aim, goal of Section 24. It is indirectly against healthiness of the society. It has enacted for needy persons who in spite of sincere efforts and sufficient effort are unable to support and maintain themselves and are required to fight out the litigation jeopardizing their hard earned income by toiling working hours.

 

In the present case, wife Mamta Jaiswal, has been awarded Rs.800/- per month as pendent lite alimony and has been awarded the relief of being reimbursed from husband whenever she makes up a trip to Indore from Pusad, Distt. Yeotmal for attending Matrimonial Court for date of hearing. She is well qualified woman once upon time obviously serving as lecturer in Education College. How she can be equated with a gullible woman of village? Needless to point out that a woman who is educated herself with Masters degree in Science, Masters Degree in Education, would not feel herself alone in travelling from Pusad toIndore, when at least a bus service is available as mode of transport. The submission made on behalf of Mamta, the wife, is not palatable and digestible. This smells of oblique intention of putting extra financial burden on the husband. Such attempts are to be discouraged."

 


9. Section 20 (1) (d) of PWDV Act, 2005 specifies that upon appropriate proof, the court may order the respondent to pay maintenance to the aggrieved person and to her children and further permits the Court to pass an order of maintenance under the PWDVA in addition to maintenance already granted under section 125 Cr.P.C.

 

10. In State of Maharashtra vs. Sujay Mangesh Poyarekar (2008) 9 SCC 475 it was held that powers of the revisional courts are very limited and the revisional court should not interfere unless there is a jurisdictional error or an error of law is noticed.

 

11. The learned ASJ in the impugned order has rightly observed that the question whether the petitioner-wife was forced to resign or had resigned herself is a question to be considered during trial and also the question whether the reasons given by her for resigning from her job were satisfactory or not.

 

12. It is worth mentioning here that the child for which maintenance of Rs.10,000/- per month from the date of filing of the petition has been ordered by Learned Addl. Sessions Judge is just and fair and sufficient to meet the requirements of a child which is aged about 3 ½ years.

 

13. There is no jurisdictional error or error in law in the impugned order. The petition being devoid of merit is hereby dismissed with no order as to costs.

 

(PRATIBHA RANI)

JUDGE

MAY 14, 2012/
# dc

Shantanu Wavhal (Worker)     13 February 2013

i am one those rare womns who has not filed any dowry or domestic violence case or criminal complaint yet as his parents are more or less ready for out of court settlelment.

 

is it a joke for u to file false criminal cases ?

how can the cruelty (if any) compromised ? by getting money ?

 

My qualifications have been misrepresented but it will be easy for me to prove that i am not qualified to work and that, in fact, i ahve been unemployed because of a lack of qualification., ssince year 2010. 

 

i can also show that i am making efforts at getting emplyment but have yet been unable to succeed.

 

 i will then be able to counter his allegations more elaborately.

 

i do not know what these new judgemnets regarding a qualified spouse say?

 

clever lady, 

are u qualified enough to read & understand the NEW judgements in English ?

 

victim (master)     14 February 2013

Sabko Sanmati De Bhagwan.........................

Msk-need -nuetral- laws (self)     14 February 2013

First of all,

If you seek annulement of marriage on his health condition, did you check whether you get maintenance or not?

I dont think in such cases you get, expert lawyers, please throw some light.

Minnie (None)     14 February 2013

this is indeed a very rude reply. when u don't even know what has happned in detail, then don't post. rather than posting messages that are of no help. this forum is to help people seek a legal opinion. if filing a criminal case was a joke, then i would ahve filed one till now. i am the one on whom her husband commtted a fraud so i am the one who has been fooled and he is the one who was clever. if u do not know about people, why do u make such personal comments on public forms? what if the same fraud had happned with your own sister or some family memeber or relative? very very rude.

Minnie (None)     14 February 2013

the above message was for amit. not for mani.

Minnie (None)     14 February 2013

mani, at least my own lawyer asked me to file a maintenance case under section 24. i  wouldnt know much about it. i also request more people to shed ligt on that.

Minnie (None)     14 February 2013

also amit one more thing- when i say it will be easy for me to prove that i cannot work because of my qualifications, what i meant was that it is very easy because it is true. i dont have to put in any affort to prove that. or make up some false stories. i ahve been unemployed since 2010 because i could not clear the exam of NET required across the country to teach now. i had to leave teaching profession because UGC guidlines for eligibilyt of teachers changed in 2009. they were however implemeted only in 2010 so i do not ahve a colelge teaching qualification now. i dont have a B.Ed either. so think before u make such inssesntive remarsk.

 

as for how money can compensate for cruelty/ my answer is that it cannot. can never. but giving at least some minimal amount of money is the least that a fraudulent husband can do for his wife. why dont u tell me what can compensate for cruelty????

Minnie (None)     14 February 2013

thanks stanley- that really of help.

Zubair (aaa)     15 February 2013

 Anything can happen in India. You may get intirim, a qualified wife is not entitled for maintainance specially if she has not come with clean hands. Even i  was shocked when i read in aforum that if husband is earning good, devils can take a bite of his salary.


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