unjust maintainance amount


the wife is separated from the husband.


husband is earning 2lakh rupees per month.

 

the girl files for maintanance and gets only 20thousand rupees.

 

she has no house to stay. rent, living supporting issues etc costs about 40thousand rupees a month

 

what should she do?

 

thanks in advance

 
Reply   
 

she need to provide the details of income and her expenses, then only the court will increase the compensation amount.

 
Reply   
 



sir, the order has already been passed.

how can the wife increase the maintenance amount?

 
Reply   
 

If the order is under DV Act, she has to go to appeal before Sessions Court.

If the order is under S.125, she has got a right to go to revision or to appeal.

If the order is under Sectin 24 HMA, she has to go to FAO before the High Court.


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Reply   
 
practicing advocate

If she wants to challenge the order she will have to file an appeal before the sessions court

 
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Advocate for justice

Respected Advocate Sirs,

Will you please let me know whether the husband (THE PAYMASTER) has any right to seek the details of his estranged wife for whom he has shed huge amount as maintanance?

If yes, how?

If now, why?

 
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For justice and dignity

@nyayapriya jee

i put up 13 questions for you to answer in "Do matrimonial laws really favor women" which u r ignoring for the past 2-3 days...wud appreciate your reply there alongwith your researches which say that  women are v. v. v. v. lucky in litigation matters in india.


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Reply   
 
PM

Maintenance is unjust and should be repealed. More I think about the maintenance, more it becomes clear that it a social malaise.

 

  1. Why men has to pay maintenance –Woman, while being married, contributes by doing household work and thereby paying for her expenses incurred by man in form of service. After divorce/seperation service stops coming from woman and why the payment should continue from men?

 

  1. So much for equality – All females – even animals earn their livings – be it small ants or be it big matriarch elephant – but this does not apply to human beings. I have heard so much about self-respect, self-reliance & women being equal to men in facet of life and sometimes exceeding their counterparts. I am all for it – Indian society will be better one if we get a true equality. But where is the self-respect and self-reliance when most of the women in divorce proceedings demand maintenance? Even when they are working!!!

 

  1. Wrong entitlement – Arguments that it is entitlement for women don’t impress me much. While maintenance may be rule now, it does not mean that it is right.

 

  1. Hiding behind disguise of rural woman – Arguments are forwarded saying that maintenance is required for protection of women in rural India. Women from villages seldom use this law – most of the women invoking this provision are urban dwellers. Most of the urban women are well educated – if they can’t earn their livings even after being so much educated – then what is the use of that education?

 

  1.  Getting maintenance becomes profession – How many examples we need to show that getting maintenance has become profession – where your salary goes up with your spouse earnings!!! You don’t need to do anything – your paycheck will increase with time.

 

  1. Arbitrary linkage with earning capacity of male – What a crap. Earning capacity of male is a reflection of skills of male and why it should be reflected in the amount to be given as maintenance. Maintenance amount should be not more than what is needed, if at all, for food and clothing.

 


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Reply   
 

maintenance is not given to the wife by the husband freely.

it is given because the law of the land dictates it.

so your theories are not going to work here


Total likes : 1 times

 
Reply   
 
PM

Yes it is law of land -- but then not all agrees with law of land.

Some 90 years back Gandhi did not agree with law of land and he fought it for 30-40 years to get it corrected.


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