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Bhartiya No. 1 (Nationalist)     25 October 2010

There is a hope for divorced women on Maintenance??

Plz, go thru the news, and hope for other states too implement it soon,


Panel wants changes in divorce laws to ensure fair maintenance for women

Published: Tuesday, Sep 28, 2010, 8:21 IST
By Srikanth Hunasavadi | Place: Bangalore | Agency: DNA

The Karnataka state law commission on Monday called for reforms in divorce laws to check husbands from making false claims over their incomes and assets to deprive their spouses of fair maintenance.

It suggested that husbands should be made to file affidavits on their income and assets under Section 125(1) of the Criminal Procedure Code (CrPC). In the absence of such a mechanism, wives in a majority of the cases were not getting a fair maintenance as husbands could get away by claiming that they had no income and assets, a report prepared by the panel said.
Commission chairman, justice VS Malimath,submitted the report recommending amendments to 12 laws to law and parliamentary affairs minister Suresh Kumar on Monday.

The report recommended that within 15 days of the servicing of the notice of the application for maintenance, the person against whom the application was made should file before the court an affidavit giving full information about all his income and assets, movable and immovable and if employed, about the income he was receiving and name and address of the employer.

The maintenance amount awarded to the wife should be paid within two weeks from the date of the order and the monthly maintenance amount should be paid within a week from the beginning of each month, failing which the husband should pay interest for the defaulting period at the monthly rate of 15%.

The commission also recommended that the definition of the term wife given in explanation ‘b’ to Section 125(1) of the CrPC should be amended by adding “Wife or woman whose marriage is void on the ground that her husband was married earlier and his first wife is living or a woman who has lived with him like his wife”.

It also recommended amendments to Section 498A of Indian Penal Code (IPC) according to which if a woman filed a complaint of dowry harassment against her husband or any relative, they would be punishable with three years imprisonment if found guilty and it would be considered as a non-bailable offence. The panel suggested that the charge should be made a bailable offence and only the husband or a relative of the husband of the woman who subjected her to cruelty should be punished.

“People can approach the law commission with their complaints against complicated laws. It will not only help them, it will also help the people and governments update the legislation as and when the situation arises” said justice VS Malimath, chairman, law commission of Karnataka.

“There are several archaic laws that need to be relooked. We will take the recommendations of the law commission very seriously and take action to implement the recommendations” said Suresh Kumar.


 44 Replies

Avnish Kaur (Consultant)     25 October 2010

15% per month ! very costly wife.

adv. rajeev ( rajoo ) (practicing advocate)     26 October 2010

Interest is too much.

hedevil hydraheaded (non professional )     26 October 2010

Not so much when husband defaults just to harass wife. Not so much when he shows his money power. It is a perfect rate to let him know that he should deposit the money in time and cannot play with his wife according to his whims and fancies. 

2 Like

hedevil hydraheaded (non professional )     26 October 2010

Look we are giving arguments to the lawyers here who think interest rate is too much. If the same advocate have a woman client who is fighting for her maintenance, this argument can be used by the advocates who think interest rate is too much, I mean if this reform becomes a law.


1 Like

hedevil hydraheaded (non professional )     26 October 2010

Those who think wives are costly, better behave with them. Or don't get married at all! 

1 Like

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     26 October 2010

These recommendation are again favouring wives.Law should always be fair to both the parties.Today many wives create hue and cry on small small issues and many time it leads to divorce.Before deciding maintenance, the qualification, income of the girl, income and assets of her parents must also be considered as she has a right in themalso otherwise this type of laws will break more marriages .The basic purpose shopudl be to preserve the marriages and tosave the homes and not to favour anyone so the marriages are broken easily for getting money etc.

Moreover, in the case of 2nd marriage there should be no manitenace as many womens have made it business they do maarrige take divorce and maintenance, alimoney and then re-marry and repeat the same thing.So it should be totally banned for 2nd marriages.

Please think 100 times before recommending this type of laws. 

Bhartiya No. 1 (Nationalist)     26 October 2010

There should be more harsh punishment, so that some lessons must be learnt.

It is not good to play with the emotions and life of someone else.

Social Stigma and Trauma of Divorcee status of a female can not be equated or compensated with money

If it does not suit anybody, then better refuse to marry,

1 Like

Arup (UNEMPLOYED)     26 October 2010






1 Like


15% is no big interest specially when its proved that wife has no income source and then also husband is harassing his wife by delaying maintenance. In most cases its the husband or in laws are at fault and the wife has to pay for it through divorce. They cant go back to their parents due to society, they have to manage everything their ownselves and then also if the maintenance is not given on time then i would say not 15 but 50% should be the interest.

2 Like


Moreover if we are talking about the affidavit then i would suggest that husbands should give a stamp signed paper to daughter's father that he is financially sound enough to keep his daughter in good health even in the dark times(divorce maintenance ) so the pleading of not enough income to give maintenance by divorced hubby should ruled out. I said this as in today world we should always take both positive and negative sides of the picture. 

1 Like

Avnish Kaur (Consultant)     26 October 2010

15% interest compounded monthly means 435% annual , or 15% simple interest means 180% interest annually , only prostitutes wud charge it so high.

if really they want it to be punitive to males delaying maintenance even 25% annual is gud enuf. otherwise people will loose belief in constitution and law of the land.

wenever excesses exceed a limit terrorism is born.

i am reminded of incident where sant  bhinderwale burnt constitution in delhi , no one understood the significance . later on it became a seccessionist war.

2 Like

hedevil hydraheaded (non professional )     26 October 2010

Husband does not have to pay a penny by way of interest...if he pays maintenance amount in time...after all our laws are so liberal , aren't they? 

You are saved not pay any interest, by paying the maintenance in time. 

1 Like

Yash srivastava (Manager)     31 October 2010

Why only 15%, woman should ask 100%. today's wives are not like a wife they marry for money, they want divorce for money.who think that boys should behave well, they think before to give speech.Men's position become a HIJDA now a days, due to this law. 

Avnish Kaur (Consultant)     31 October 2010

WHY only 100% , they shud ask for all his and his parents assets , after he gives all this just sell his keema in open market and get more money.

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