Harassment for alimony – Please help

1. Why your ld. lawyer has no advise? Sack his servicesa and hire another.


2. Approach hon'ble HC under Writ jurisdiction - life and liberty to work and earn a living clause (Article of COI) and pray only a single prayer tht is to dispose of the case pending before ld. trial court within 15 days - 2 months - 3 months whichever the scenario may be with you (overseas transfer posting date I mean here). It is doable.


3. Remember only a crying baby is given milk by a mother....... 

When she is earning she is not entittle to claim any maintainance, you have to prove her earnings.

@adv.rajeev

1.Is earning the only criterion?

2 "left saying you are not my choice and i cant adjust. so the marriage did not last long" Is it not desertion/constructive desertion? Is she still entitled?

Dr. Jogeshwar

Two approach (replying to your abv. take to Sh Rajeev)

1. Desertion / constructive desertion matters are taken after interim (in civil part) is decided so even if this logic is like a wicket then it becomes a long drawn contest case between spouse !
2. So if you agree to my para 1 above then will you still stick to your para 2 as in you above reply to Sh Rajeev?
3. Above are just "innocent" question nothing rocket science here is what made me say para 1 and para 2.


Well, your kind (legal) take now..............

If sequence is the question then,I think, clean/unclean hands is supposed to come first.

"N THE SUPREME COURT OF INDIA

Civil Appeal No. 5239 of 2002

Decided On: 03.12.2009

Appellants: Dalip Singh
Vs.
Respondent: State of U.P. and Ors.

Hon'ble Judges:
G.S. Singhvi and Asok Kumar Ganguly, JJ.

Disposition:
Appeal dismissed

ORDER
1. For many centuries, Indian society cherished two basic values of life i.e., 'Satya' (truth) and 'Ahimsa' (non-violence). Mahavir, Gautam Buddha and Mahatma Gandhi guided the people to ingrain these values in their daily life. Truth constituted an integral Dart of justice delivery system which was in vogue in pre-independence era and the people used to feel proud to tell truth in the courts irrespective of the consequences. However, post-independence period has seen drastic changes in our value system. The materialism has over-shadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do no hesitate to take shelter of falsehood, misrepresentation and suppression of facts in the court proceedings. In last 40 years, a new creed of litigants has cropped up. Those who belong to this creed do not have any respect for truth. They shamelessly resort to falsehood and unethical means for achieving their goals. In order to meet the challenge posed by this new creed of litigants, the courts have, from time to time, evolved new rules and it is now well established that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final."

According to this order determination of clean/unclean hands is sine qua non before passing any interim or final order. Does it happen in practice? In what percentage of cases?

Dr. Jogeshwar

1. If this post author's last line from the post i.e."she is well educated and earning which she admitted in court, will she get any maintenance"  is taken into consideration then Sh Rajeev is right in his take and further,


2. If again the above quoted line is tested at B & B then there is "no clean / unclean hands approach here" as far as maint. parts are concerned is my observation. Well, I am omitting rest points of discussion uptill now in this post.


Thank you. 

And so the answer to my question to Adv.Rajeev "

"@adv.rajeev

1.Is earning the only criterion?""

is YES. Right?

But are there not ample judgments awarding maintenance to earning wives? Can a husband escape from parting his pounds of flesh? it seems NO.Right?