Shovit 09 January 2018

Non bailable warrant issue from judge

Dear Helpies

My Wife put a False case against me and because this case I already lost my Job and now the Judge is forcing me to give the maintainanace to my wife, My wife is already earning and doing a contractual Job in Army School.

We have provided evidence to Judge she is earning as well as she is running an Institute also, she don't required maintainanace.

Judge Statement: even the girl is earning 1 lack that does not matter, you hae to pay, I told i was jobless because of this case, Judge told go and make labour work and earn the money and give the maintainanace.

whe i raise a question every week you put a date and I have to travel from diffent city and came here to appear in court and Judge told don't argu with me, we have shows to Judge so many cases if the Girl is earning no need to pay the maintainanace, Judge told all those Judges are fool who already done this types od Judgements.

and Finally he warn me if you didn't pay the amont till tomorrow police will arrest you, This type of Harrasment given by the Judge, another Judgement from this Judge : even the false companint filled by girl that doesn't matter, you have to pay the interm.

Finally he issue a Non Bailable warrant against, Please suggest me what should i do, Judge is not listening anything, all the evidence provided by me, this is a false case , and Judge told anyone can print these types of papers, This is just a piece of paper, whatver girl told that is truth.

How can Judge make this type of wrong decisions, specially non bailable warrant because I make argu with him and tell him many case no need to pay the Maintainance because she is earning too much and Judge told thise all Judges are fool, This type of ststement given by a Judge, who is sitting a big position, we are going to court for Justice not for Harrasing by Judge.

I need your suggestins, what can i do, should i make transfer for this case from this Judge or how can i stop this non bailable warrant against mw which he issue because of arguments with Judge. is there any possibity i can raise a companint against these types of Judges

Regards,

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5 Replies

Nitish Banka (lawyer) 09 January 2018

Dear SHovit,

you need to take approperiate steps to challange order at higher court

You may use my article

some Landmark Judgments you must use in interim maintenance arguments

Posted by: nitish788 Categories: Family Law Landmark Judgements

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Interim Maintenance Arguments important judgments

If you are from the Husband side and your wife is capable of earning and having good qualifications and if you are unemployed then how will you defend the interim maintenance case filed by wife.

Here are the few judgments which you must use to fight interim maintenance cases these judgments are handy.

Image result for interim maintenance

Smt. Mamta Jaiswal vs Rajesh Jaiswal 2000 (4) MPHT 457 spouse who is well qualified to get the service immediately with less efforts are 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 pendente life 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 Sanjay Bhardwaj & Ors. vs The State & Anr. wherein while considering the provisions relating to maintenance under The Protection of Women from Domestic Violence Act, 2005 (D.V. Act) and other prevalent laws like Hindu Adoption and Maintenance Act, 1956; Hindu Marriage Act, 1956 and Section 125 of Criminal Procedure Code (Cr.P.C.), it was held that, “a husband is supposed to maintain his un- earning spouse out of the income which he earns. No law provides that a husband must maintain a wife, living separately from him, irrespective of the fact whether he earns or not. Court cannot tell ask husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning and both claimed to be gainfully employed before marriage”.

In Sakarben Shambhubhai Rabari & vs Shambhubhai MasharubhaiRabari while fixing the quantum of maintenance, the Court has to take into account not only the needs of person who claims maintenance but also the capacity, status, commitments and the obligations of person who has to pay it. If the husband has to maintain other persons like his parents, etc. reasonable allowance for their maintenance shall have to be made. It would be unjust to grant maintenance in an arbitrary manner. The party who has to pay maintenance is also not to be virtually rendered a destitute. A fair balancing of all the relevant factors is to be done by the Courts without making an emotional approach to the problem. The court shall have to keep in mind that what is to be provided is the

maintenance and it cannot have saving element in it nor is it the purpose of the legislature to put the claimant in a luxurious position. The definition of maintenance given by the Act makes this position amply clear.

By-: Advocate Nitish Banka

9891549997

Shovit 09 January 2018

Dear Nitish Banka

Thanks for the update, but Judge already issue a non bailablae warrant agaist me because i make argument with him and Judge told all those Judges are fool who done this type of Judgements.

we already shown him 13 cases where Girl is earning and Judge told don't argu with me , I am the Judge and I have to decide.

Please suggest me what should i do. how can i stop this non bailabale warrant first and after that I'll make challange for this case in High court.

Regards,