Civil Procedure Code (CPC)

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Roshni B.. (For justice and dignity)     06 December 2010

Wife getting maintenance acc. to hubby's income becomes news

Rs40 thousand per month: Woman gets whopping alimony

Rupees forty thousand as interim alimony. That, too, every month. This amount may sound too big, but Gujarat High Court has recently asked a man to pay this to his estranged wife.

The high court is hearing a case of matrimonial dispute between a rich and highly educated young couple who parted ways just 12 days after their marriage in 2007.

Justice Akil Kureshi of the high court passed the order keeping in mind the hefty income of the man, who earns more than Rs20 lakh a year. According to the court order, the man has to payRs25,000 for the maintenance of the woman (Seema) and Rs15,000 as
house rent if Seema resides in a separate rented house and gives proof to that effect.

As the story goes, the man (Parin), who is a graduate from the Indian Institute of Technology (IIT) and has done research in computer science in the USA, and Seema, an MBA, tied the knot in November 2007.However, Seema parted ways with Parin after 12 days of their marriage. This took place at Ahmedabad airport after they returned from their honeymoon in Malaysia.

Seema alleged before the police and the court that her in-laws started harassing her from day one for not having brought huge dowry and that Parin had compelled her to watch perverse videos on his palmtop and act accordingly during their honeymoon. Seema and her family filed a series of complaints before police alleging dowry harassment, and also asking for return of her belongings gifted during the marriage.

She also filed a petition to get alimony from her husband who was getting a hefty pay package of around Rs21 lakh a year. Seema approached Gujarat high court when the lower court approved an alimony of only Rs5,000 as Parin did not show his income proof.
When the case came up for hearing before the high court, Parin, after much reluctance, furnished Income Tax (I-T) returns of three previous years.

According to the returns, in the assessment year 2006-07, Parin had disclosed a gross income of Rs7,94,220 and paid tax of Rs1,81,250. In 2007-08, he disclosed a gross income of Rs9,91,631 and paid tax of Rs2,25,694 while in 2008-09, he had earned a total income of Rs21,54,622 and paid tax of Rs4,61,545.

Countering the claim for alimony, Parin informed the court that due to frequent complaints by Seema to his employers, he had lost jobs and that he had no job at present. “Even Seema is doing a job and earns Rs20,000 a month,” he told the court.

But justice Kureshi noted in the order: “The latest income of the husband, on record, exceeds Rs1.25 lakh per month. He is a highly qualified engineer, which holds considerable market value. In addition to being an engineer from IIT, he also had exposure and qualification in the filed of computer science, abroad. Therefore, it cannot be believed that he is not employed.” Meanwhile, another application moved by Seema for further investigation into the dowry case and return of gifts is pending before the high court.

While Seema’s father has written letters to different forums, alleging that a retired IPS officer is harassing them and influencing the investigation, Parin’s family has written a letter to the National Human Rights Commission (NHRC) citing that the girl’s family and the police are harassing them for undue reasons.

(Names and place have been changed to protect
identity)

 

https://www.dnaindia.com/india/report_rs40thousand-per-month-woman-gets-whopping-alimony_1476411

 

 

LOL...This is news??

 

Was maintenance not supposed to be according to husband's monthly earnings??



 268 Replies

Saurabh..V (Law Consultant)     06 December 2010

@Roshni B

 

Such are the instances which defaults the odd & suspicious behavior of newly weded grooms or those who are looking for a prospect bride. Within 12days whats so precious the girl has shared that she is entitled for hefty amount despite she being employed and earning 20k per month?

 

Hindu Marriage Act nowhere gives way to such decisions neither does S.125Crpc. It provides for genuine maintenance only that too if required. Maintenance is the right of a wife and parents and children under 125Crpc and the duty of the man in such relations. It clearly mentions that any of the herein mentioned person who is not able to maintain himself or herself is entitled for maintainance. Is 20k per month not sufficient for one single person and that too an MBA? The provision nowhere mentions that the person seeking maintanance could claim exponential amounts for the luxurious life. This was observed by a bench of Bombay High Court in mid of this year.

 

That's the irony of our Judiciary. Compassionate grounds and highly biased views of such Decisions are reckoning the society. Had it been a case where the girl was not employed or was illiterate or anyway could show that she is incapable of maintaining herself due to one or other ciscustances, it would have been a made out case. But this interim order only sings the song of feminism and kills the spirit of equality before the eyes of law.

 

In my personal view, the status of any cadre of the society should be seen prospectively and not retropectively. As the latter would only add to biased decisions like the one above. A man earns to feed his family and not those who opt to move out of family and file police complaints against him and his beloved parents.

 

//peace

/Saurabh

1 Like

Rajesh Kumar (Advocate)     06 December 2010

When a man work, he gets fruits of his labour. There must be absolute and unconditional right of a man on fruits of his labour. Fruits of his labour should not be distributed in the garb if such anti-men unjustified laws.
If some women, be it separated wife or divorced wife, or for that matter any other person cannot maintain himself/herself, state should give them maintenance. After all state is also run only on the taxes paid through fruits of such men labour.

2 Like

Renuka Gupta ( Gender Researcher )     06 December 2010

The good thing is this that your views would not become law, at least in near and a bit far off future.....

Rajesh Kumar (Advocate)     06 December 2010

I agree Renuka..... the bad part is it will become a law in distant future.

2 Like

hedevil hydraheaded (non professional )     06 December 2010

Rajesh Kumar, it may not...the way you have projected it not even in distant future. Renuka Ji was modest in her projection!!

hedevil hydraheaded (non professional )     06 December 2010

Good Judgement Roshini Ji. and yes, it is not whooping, in view of the income of the husband. A good reference too, thanks for posting it .


(Guest)

@Roshni B

Thanks for posting a good judgment.

The above case husband income Rs20 lakh a year.

Now suppose a indian cricketer or businessmen like so and so whose income 15 crore per year then we can say Woman gets whopping alimony.

Thats why most prefer One Time settlement.Its like taking VRS from job rather than getting pension each month.

And what wife will do to that amount( I say too much amount in what use its better that she should invest it or bank deposit) shopping ,makeup etc.Kya maloom ?

Ok, good judement Roshni.

Saurabh..V (Law Consultant)     06 December 2010

@Renuka

 

Citizens of India were first divided based on religion then based on caste and now based on gender. Women in India are the latest targets by the law makers after Religion and caste. And to be frank the situation of the woman in India such that - those who are highly educated and do not need any support goes to court and easily fetches such decisions and ironically those who really needs such alimony are in much much worst conditions.

 

@Rajesh

 

Laws could not be made even by Judiciary. Only Stature has the right to do so. That actually goes to show that when 498-a itself has been called a biased law by Hon'ble Supreme Court of India (on many occasions), it was made only for an ulterior motive by the Stature which could not be anything else than magnetizing women voters towards the makers of such law.

 

 

Men & women think different as its all hormonal. Men could do nothing about their nature to stare at a girl passing by whereas women could not anything about their temptation to be attracted towards a wealthy guy.

 

@hedevil

 

Seems you could make a very good divorce lawyer who could easily compell a couple to divorce even when they are leading a healthy matrimonial life w.r.t. your comments..

 

//peace

/Saurabh.V

3 Like

hedevil hydraheaded (non professional )     06 December 2010

How do you know I am not a lawyer.....do not go by the label under my name!

And what about you? You never take up a divorce case??? 

Your assumption, not worth answering.

Saurabh..V (Law Consultant)     06 December 2010

@hadevil

 

Do my lines anywhere says that you are not an advocate? I only said you could makea good Divorce Lawer, thats it! But now I reasonably believe that you may have a formal degree but intellectually you need to grow up to be a real advocate. Learn to play with words gentleman !!

 

//peace

/Saurabh.V
 

1 Like

(Guest)

the only aspect in which Indian man thinks that ALL(man and woman) ARE EQUAL IRRESPECTIVE OF GENDER  when it is a time to decide maintenance.

be it 12 days or 12 years, a divorcee is not treated in the same way in which she was treated during her unmarried state.Would any bachelor will come forward to marry a divorcee if he has other options to marry unmarried girls?

2 Like

(Guest)

sorry

for the mistake in the following line..

ALL(man and woman) ARE EQUAL IRRESPECTIVE OF GENDER  when it is a time to decide maintenance.

1 Like

Naresh (In search of job)     06 December 2010

 

No bachelor (be it male or female) would not prefer to marry divorced people, if they have other options in most cases. But this reason can't be shown to punish males alone in the matrimonial disputes. The cases of wife leaving in 12 days and demanding huge alimony should not be encouraged. These laws of supporting wife's for her life were framed keeping in mind the really needy/distressed families. But the irony is that such families don't approach or can't access the courts.

 

The laws that were made for downtrodden are being used by educated and middle to upper class families, who are already well to do families and don't need any support from the husband's families. Mostly, they take to maintenance to harass husband's families and rejoice. If they were in real need of maintenance, then they would not have separated diserted in 12 days, which was not the case in our previous generations (20, 30 years back).

 

Everybody knows this fact, but nobody is ready to acknowledge this. Till, the lawyer's and wife's are benefitted with this law, they have nothing to complain, though the husband families grumble, but their voice is not loud (forceful) enough to be heard to be considered.

 

2 Like

(Guest)

divorced man and woman are yet not equally treated in Indian Society.

husband's families are generally guilty for for break down of marriages.So how can they dare to raise loud voice against maintenance ??They remain busy to save themselves from 498A and term  themselves as 'FALSE 498A VICTIM'

expecting wife to  behave like a woman of 20, 30 years back seems a funny matter now.At that time woman was nothing but a kind of domestic animal.

now woman learned protest....causing irony to the husband..!!

1 Like



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