Jaya Pathak (Paralegal) 11 March 2015

Husband Legally, Morally Bound to Maintain His Wife: Delhi High Court

https://www.newindianexpress.com/nation/Husband-Legally-Morally-Bound-to-Maintain-His-Wife-Delhi-High-Court/2015/03/10/article2707135.ece

Adv k . mahesh (advocate) 11 March 2015

Husband Legally and Morally Bound to Maintain His Wife: Delhi High Court

Legal India News Admin March 10, 2015 Court, Judiciary & Legal System No Comments

A man working as a disc jockey (DJ) has been asked to pay interim maintenance to his estranged wife by a Delhi Court which observed that the husband is legally and morally bound to maintain her.”He being the husband of complainant (woman) is legally and morally bound to maintain her and cannot shirk his responsibility towards her,” Metropolitan Magistrate Mona Tardi Kerketta observed in a case of domestic violence filed by a woman seeking interim maintenance from the husband.

The court directed the husband to pay Rs 5,000 as interim maintenance to his wife while observing that his monthly income is around Rs 10,000, which could go up to Rs 12,000 during season of wedding or party.

“The details mentioned in bank statement show that the income of respondent (husband) is more than what he claims. Admittedly, he is residing in his own house and does not have to pay rent. He has claimed to be spending Rs 2000-4000 per month in litigation, which is not possible for a litigant having income of Rs 10,000 to Rs 12,000 only,” the court said. It noted that the husband has either mentioned incorrect and exaggerated information in his profile or “concealed true facts from the court.”

The court, however, refused to go into the allegations and counter-allegations levelled by husband and wife, saying all aspects will be dealt with at the evidence stage. The woman, in her complaint, claimed that the monthly income of her husband was around Rs 40,000 to Rs 50,000 while she was unemployed.

She claimed that her husband has no other liability except to maintain her. On the other hand, the man claimed that woman has been running a boutique from her house and is earning Rs 15,000 to Rs 20,000 per month and does not require maintenance as she has suppressed material facts

Victim of Greed (Worker) 11 March 2015

Hello,

I had asked for citations for NO maintenance to well educated and capable women. I have already filed my revision application in Bombay High Court. So, I would need citations for NO maintenance passed in Bombay High Court OR Supreme Court.

I would highly appreciate if you could help !!!

Jaya Pathak (Paralegal) 11 March 2015

Do some self-research on https://indiankanoon.org/

While granting maintenance there are 3 things that are considered:

1) Is your wife currently earning or not?

2) If she is earning.... then are you earning more than her? - still she can get maintenance based on the concept of "maintaining status" a husband would keep her when he is earning more than her.

3) And now this new verdict of legal and moral obligation.

I think now the time has come for men to make it very clear to the parents of the daughters and the girl whom they want to marry before the marriage that they will not maintain their to-be-wife after marriage because she is educated and can earn for herself. I think this will resolve many problems which men face when such issues start after marriage. Probably men should start getting into such written agreements before marriage to avoid complications later.

Victim of Greed (Worker) 11 March 2015

My kind apologies but in order to argue in the Bombay High court, I would need citations passed in Bombay High Court OR Supreme Court.

Kumar Chennu (senior) 11 March 2015

for sure if your wife is capable and is earning currently where she can maintain herself, she is NOT entitled for maintenance . this is for sure.

for evidence, try to get her Bank statements and previous salary slips as an evidence before hand

Victim of Greed (Worker) 12 March 2015

Final maintenance order is passed by family court for which i have now filed my revision petition in the high court of bombay. I have also filed an application to call for records of her bank statement but the high court judge says that he cannot accept call for records application as i should do it in the family court for modification of the order. And regarding no maintenance to capable and well educated wife, he told me to produce citations passed from bombay high court or supreme court....

Kumar Chennu (senior) 12 March 2015

https://everysuffererisasaviour.blogspot.in/search/label/Divorce pls check this.

Attached File : 95856615 661213867 no maintenance bom family court 20-2-15.pdf downloaded: 483 times

Victim of Greed (Worker) 13 March 2015

Many thanks Mr. Kumar Chennu but as mentioned above, My revision petition is pending in the Bombay High court, so any lower court citations or citations from any other high court except Bombay High Court would not be considered.

Can anyone PLEASE send me supreme court or Bombay High Court citations ???

I have searched over the internet but could not find any.

I would highly appreciate if anyone can help me get one.