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aflatoon dash (health)     22 September 2010

NO ALIMONY TO WIFE FOR LYING AND MISREPRESENTING

Deception and Lying is a art .It is also a science as several disorders are linked to it specially antisocial personality disorders,borderline personality disorders and multiple personality disorders.Unfortunately in Indian setting Such sophetications and not available and maximum understnading of courts room relate to schizophrenia and depression /alcoholic husbnads.But some woman are adept at this and time to time there lying/misrepresetations/distortions are picked up in court.

ONE SUCH JUDGEMENT IS ENCLOSED CANCELLEING THE ALIMONY ITS LATEST FROM BOMBAY HIGH COURT .Date of judgment april 2010.



Learning

 29 Replies

B.N.Rajamohamed (advocate / commissioner of oaths)     25 September 2010

Thank you very much sir for passing this information.


(Guest)

very bad eror of judgement. alimony should be paid in all cases including adultery.

1 Like

aflatoon dash (health)     25 September 2010

why u say so ?? Any reason or logic???

aflatoon dash (health)     27 September 2010

  1. Section 25 is an enabling provision. It empowers the Court in a matrimonial case to consider facts and circumstances of the spouse applying and decide whether or not to grant permanent alimony or maintenance. Lady has not come out clean in the court if she  hides her job, qualifications, assets she is at fault.
  2. Husbands are not ATM maschines that the moment Maintenance plea comes Exploitive spouse(cruel ,deserter,abusiive ,manipulative and unchaste spouse ) should be awarded Alimony.
  3. Wife should not denounce the man and demand the help at the same time and Honerable courts are not extracting tool for the errant wife to saddle him with her expenses.

          (Husband should have  made all the attempts to appease reconcile and cohabit with the          wife.)


(Guest)

alimony must be given in all cases including adultery. if a wife is in adultery its a fault of husband. or he shud be prepared to face false 498a. if wife in adultery it means

1.he is trying to prevent her from meerting person of his choice-protectiojn order must be given under dv act

2. she is not satsfied again a fault of husband

3.he is impotent if wife is in adultery

4.she cannot be sued (criminal) for adultery under law in india

2 Like

Rajkumar (Junior Lawyer)     26 October 2010

hi,

 This applies to all human beings also.If a man lives is adultery he is punishable under sec 497 IPC. If a women lives in adultery it is her hushbands faullt for not satisfying her. Same thing applies to men also ,if he is not satisfied with his wife he is in need of another women ,If a women wants to live in adultery she can straight away join with him and live ,why she wants maintainance .No men in india is asking for maintanice from his adultery wife .

If the honoroble court decides to give maintaince for adultery and deserted wife ,all the women in india will leave there husbands and enjoy there life  with paid maintaince from there husbands .

Only the womens who are living in adultery are supporting the victims to get maintanence .It is poor fate of Indian mens.

Roshni B.. (For justice and dignity)     26 October 2010

Courts promote adultery by encouraging live ins and giving financial rewards to mistresses....

so why blame people who are getting opportunities this way?

as for me,i dont support any adulterous person,be it a man or woman.

Arup (UNEMPLOYED)     27 October 2010

MS ROSHNI,

WHAT YOU ARE TELLING IS NOT ADULTRY.

ADULTRY EXPLAINED IN SEC 497 IPC AND CONCERNED SEC OF CRPC.

FIRSTLY GO THROUGH THAT.

1 Like

Kunal Mukherjee (Father)     07 November 2010

SORRY ! Law cannot be the same for both genders ! Well, not in our country anyway ...

Please understand, all laws, regulations, customs that are formulated by the lawmakers are done with an eye on the returns they will yield.

Women of India represent a potentially mammoth vote bank - much larger than Muslims, SC/ST/OBCs. Why are we surprised that they will be treated more equal than others /

We first had reserved seats for women in buses & trains, then we had reservations in the Parliament & LAs and now - as a matter of logical progression - we have it in the Halls of Justice & Reason.

If Indian women have received any protection from traditional oppression, it has been provided by men. Some day, if Indian men are to receive any succour from the absurdity of our legal system, perhaps it will come from the women.

So let them cheat & collect their alimony today. Let them manipulate the provisions of law that are susceptible to such manipulation and get away with it.

For any lasting change for the good, both man & woman have to mature and see such changes through. Till then reason & law need not travel parallel paths.

Nyaayapriya (Advocate for justice)     11 November 2010

WHAT A GREAT INJUSTICE TO MEN!!!!!!?????

Oh, HARASSED MEN AND SO CALLED ASSOCIATIONS PROTECTING THEM

RAISE AND AWAKEN, FIGHT IT OUT

            I read with great interest the judgment of the HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION in FAMILY COURT APPEAL NO. 116 OF 2002 WITH FAMILY COURT APPEAL NO. 47 OF 2007.

 

The said petition for cancellation of permanent alimony by the and also MA No.7/01 requesting the court to take action against the wife by lodging a complaint for the offences under sections 193, 182, 196, 199, 200 and 201 of IPC, as the respondent wife had given false evidences before the court in earlier proceedings. The family court had decreed FA No.77/01 and thereby cancelled the order of grant of permanent alimony from the date of filing of petition. The incidental relief claimed by the husband which is in the nature of direction for return of amount of

maintenance paid by the husband to the wife came to be rejected. The court also rejected the MA No.7/01 for taking action against the respondent wife for leading false evidence before the Court.

Thus the questions for determination which arises in these appeals are (i) as to whether the family court is justified in cancelling the order of grant of permanent alimony and in refusing to issue direction against the wife to return the amount of maintenance already received? (ii) Is the court justified in rejecting the request made by the husband to take action against the respondent wife for leading false evidence?

In COMMON SENSE the answer for the first question should be

(a) Cancellation of the order of grant of permanent alimony is right. It is a clearly proven fact that the wife has erred to the maximum extent possible and hence she should reap the fruits.

Regarding the second part of it, it  is worth noting that the divorce has already happened. They are no more husband and wife. THEY WILL NOT HAVE (and they need not have also) any love, affection and/or soft corner for others. BECAUSE THEY ARE ALREADY PARTED. When the former wife (NOW AN ORDINARY WOMAN) can go to the extent of telling lies, misrepresenting and misleading the Court to derive undue benefits WHY action SHOULD be refused and rejected?  If they were to be a happy husband and wife the problem would not have been there at all. With their mutual understanding it would have been settled. They would not have come to the Courts at all.  When the aggrieved party himself complains, pin points the crimes of the opponent (I do not want to call wife or woman)  and seeks relief how can he be denied relief?  Will any other ordinary woman who has committed a crime will be let off just like that in other cases? Can it be done at the cost of men? IT IS A GREAT INJUSTICE TO MEN. The said judgment is anti-men. Isn’t it so? THIS MEANS TO SAY THAT ERRING WIVES (AND ALSO FORMER WIVES) ARE FREE TO DO ANYTHING. ALL THEIR CRIMES AND UNTRUTHFULNESS ARE HONORABLE AND UNPUNISHABLE ACCORDING TO THE PRESENT SET UP OF LAWS AND JUDGES.

Imagine a man in the place of that woman in the above case. What would have been the judgment? Definitely he would have been sent to jail. What a cruel paradox indeed.

It is conspicuous that both the Courts in the above case have been cruel to men. It has blatantly rejected the just pleas of the former husband. The Courts have been convinced about the crimes of the woman (wife). And that woman is not an ordinary, rural, uneducated one. She is quite opposite to all that. But the judgment is quite contradicting the common perception of justice. At least the Courts should have taken a positive step in upholding the already worn out statements of EQUALITY AND JUSTICE. I am sure that the first part of the judgment will be of less consequence for the criminal wives. THIS JUDGMENT IS SURE TO SEND WRONG SIGNALS. IT LEGALISES AND ENCOURAGES FURTHER MORE CRIMES AGAINST MEN/HUSBANDS.

PLEASE FIGHT IT OUT.

 

rifinafa shakti (service)     24 January 2011

I agree and support you. I am a woman and with great hard work able to study and find job. I can understand how hard it is to earn. Woman must be given maintenance if deserted by husband for any selfish reason of husband and she is incapable of mainting herself. If nation has to progress, this practice of protecting woman in this way should be curbed. Why to create such parasites and that to of such type. One bad woman destroys many lifes.

2 Like

Avnish Kaur (Consultant)     24 January 2011

yes

Jamai Of Law (propra)     24 January 2011

Offense of misrepresentation!!! in what context?

 

If she misrepresented the financials/wealth related credentials then...she is not entitled for alimony...else if she lies under oath in regards to other matters and committed adultery and also financial usound then in that case, for subsistence she may be given something but certainly not as a premium (like same standard of living etc etc etc)


(Guest)

god created us like animals... we are now proving we are animals... woman does not want to earn herself and man does not want to share his hard earnings...


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