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Roshni B.. (For justice and dignity)     16 August 2011

Trial court orders high maintenance to highly qualified wife

 

'Pay maintenance to estranged wife’


 


 
NEW DELHI:

A woman's qualification and her ability to earn a living do not affect her right to seek maintenance from her estranged husband, a trial court has said.
The court rejected the contentions of a man who refused to pay maintenance to his wife saying that she was well-qualified. Additional sessions judge Virender Bhat said, "When a man marries an unemployed woman, promises to look after all her needs and wants her to be a homemaker, he cannot say that the wife is qualified enough to maintain herself even after their separation ."
The court was hearing the plea of a woman seeking maintenance from her husband on the ground that she did not have any source of income. Her estranged husband works as a deputy manager in a real-estate company earning a salary of Rs 45,000 per month. She also contended that her husband had no other responsibility except to maintain her.
Denying the claim of his wife, the man said she was working as a teacher in a school. "Since she is competent enough to maintain herself she is not entitled to any maintenance from him," his counsel said.
The court, however, trashed his argument saying "No doubt, the appellant holds a MA, BEd degree but the mere holding of such a degree is no guarantee for employment. "
Allowing the plea of the woman, ASJ Bhat said, "The respondent (husband) is directed to pay a maintenance of Rs15,000 per month to the appellant (wife) from the date of the filing of the application before the trial court." The court also directed the man to clear the arrears of maintenance within 2 months from the date of the order.



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 39 Replies

Ravinder Kumar (Account Director)     16 August 2011

Nonsense judgement...

N.K.Assumi (Advocate)     16 August 2011

Thanks for the Judgment Roshni B.

Saurabh..V (Law Consultant)     16 August 2011

@Roshni.B

 

This is the correct proposition of law. Any enstranged wife who has been thrown away by the husband without reasonable cause has to be awarded maintenance irrespective of her earnings because this maintenance acts as a deterrent punishment for the husband.

 

Maintenance should be seen more as a duty and less as a right. It is a way to tell all married men, that they cannot marry and divorce daily. Maintenance awaits them if they think of it at all.

 

Having said this, I would like to mention that those insane, corrupt, greedy and non-sense wives who marry and divorce for money do not deserve any sort of maintenance whatsoever.

 

//peace

/Saurabh..V

2 Like

himanshu harbola (Comp. Sec.)     17 August 2011

@ saurabh.....what non sense logic u hv provide.....the case must have decided on merits....when u come into litigation ....u probably come to knw the ground realities....

Saurabh..V (Law Consultant)     17 August 2011

@Himanshu

 

Try to think prospectively .....

 

Do I still need to explain why you are actually a lunatic to have not understood my lines???????

 

//peace

/Saurabh..V


(Guest)
i hope these ladies do not turn up on the roads... for easy money

(Guest)

@ everyone in the thread

The court, however, trashed his argument saying "No doubt, the appellant holds a MA, BEd degree but the mere holding of such a degree is no guarantee for employment. "


How Additional sessions judge Mr. Virender Bhat got a Post of Judge after completing his LLB / LLM course what was the guarentee he will get job after completing the course.If a person can complete her MA BED she can atleast maintain her self provided there were enough proof available on the bench while giving jugement this kind of Judgements will make women misusers more confident to cheat thier innocent husband....

Regards,

Mallik

Saurabh..V (Law Consultant)     20 August 2011

Just want to ask: If a girl is thrown out of her matrimonial home without any of her fault but because the husband feels that he can divorce her easily without paying matainenance because she is qualified, does that form a legal and moral part of the India Society? My answer is HELL NO!! Just imagine that a man start marrying yearly without thinking twice about any issue post marriage. A woman is protected by the deterrent provision of maintenance from getting thrown out without any reasonable cause. But if she herself creates situations to be thrown out and husband can prove it, she deserves NO maintenance. I don't think anyone can dispute this clarification now!! //peace /Saurabh..V

Roshni B.. (For justice and dignity)     20 August 2011

Originally posted by :Mallik
"
@ everyone in the thread

The court, however, trashed his argument saying "No doubt, the appellant holds a MA, BEd degree but the mere holding of such a degree is no guarantee for employment. "




How Additional sessions judge Mr. Virender Bhat got a Post of Judge after completing his LLB / LLM course what was the guarentee he will get job after completing the course.If a person can complete her MA BED she can atleast maintain her self provided there were enough proof available on the bench while giving jugement this kind of Judgements will make women misusers more confident to cheat thier innocent husband....

Regards,

Mallik
"

 

 

Do you know that in Delhi's pvt. schools,a teacher is poorly paid.Usually the pay ranges b/w 3,000-Rs.10,000.That is Delhi's average pay for pvt. school teachersCan you support yourself with a meagre pay of Rs. 3000-Rs.10,000 Mr Malik?Answer this specifically.I am asking you only..

 

Then most of these poorly paying schools will sack the teachers very quickly over trivial issues.

 

Very few top notch pvt.schools will pay according to govt. scale that starts from Rs. 22,000/- monthly.And not everybody is lucky to get into those schools.Their interview procedures are rigorous...minimum 5-7 rounds of interview.So getting a job is not so easy here.

 

Finally govt. school job is not so easy to get for a female.They conduct tough competitive exams in which more than 3 lakh candidates appear.

Then we have the age factor.Most pvt. schools will say no to females above 30 yrs.They can easily get a govt. job even if they are above 30,but as I said,it's v.tough to get a govt. job.

 

So how does a separated female above 30 get a pvt. school job,which u say is not so hard to get,only coz she is qualified? HUH!!

 

On what grounds you say Mr. Malik,that if she had tried to get a job,she wud have got that easily,and that too well paying????


Answer me ...

1 Like

hema (law officer)     20 August 2011

@roshni B,

Very well said.

ajay sethi (lawyer)     21 August 2011

judgement is sound . it has weighed all facts of the case . . she gave up her career for her husband . . if husband is earning 45,000/  he can a fford tp pay his estranged wife Rs 15,000 

1 Like

(Guest)
china said we can never be super power and overtake china... simply because half of our population is dependent and this half is maintenance population...

(Guest)
Originally posted by :srinivas
" china said we can never be super power and overtake china... simply because half of our population is dependent and this half is maintenance population... "

 

 

 

For your kind information,all the developed nations like USA,Canada,etc have maintenance laws.


(Guest)
Originally posted by :srinivas
" i hope these ladies do not turn up on the roads... for easy money "

Dont marry or ever touch a girl if u really hope so.


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