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Krishna Kumar (Business)     14 December 2011

Well educated women, not working. is husband has to pay

Hi All,

Wife is well educated and she was working before marriage. After marriage husband tried to get her a good job in MNC company and so given her resume in his own company (he has mail conversation with HR manager when sending her resume). He also advised his wife to prepare for interview by giving required tips.

Wife does not want to work, so she resign the job and put the blame on her husband saying he advised to resign the job. After some days some disputes between them, she left the home. She is now studying higher studies (not informed what she is studying to husband and he came to know about it from relation).

My query is - If husband want his wife to work and tried to get a job in an MNC company, but wife started studying higher studies. Left home and studying . In this suituation, does husband has to pay maintenance to her?



Learning

 29 Replies

M.Sheik Mohammed Ali (advocate)     14 December 2011

if the wife file any complaint and case for maintanace, the husband will provide moneytory relief, same time the husband could not compel to work. but if the wife deserted, and if the husband want to live with her, then file RCR case against her.

Pvt_RajKing (Private)     14 December 2011

How long was she gone? Do you have any proof to support that she is gone?

Krishna Kumar (Business)     14 December 2011

Originally posted by :Pvt_RajKing
"
How long was she gone? Do you have any proof to support that she is gone?
"

 she is not living with husband for almost 2 years. Husband tried to get her back using lots of elders meetings, but she did not come.

Krishna Kumar (Business)     14 December 2011

 

Originally posted by :M.Sheik Mohammed Ali
"
if the wife file any complaint and case for maintanace, the husband will provide moneytory relief, same time the husband could not compel to work. but if the wife deserted, and if the husband want to live with her, then file RCR case against her.
"


When wife does not want to live with husband, is there any use of filing RCR.

Tajobsindia (Senior Partner )     14 December 2011

@ Author,

 

 

I differ to advise given by one of the ld. member of the bar above which is not touching the topic of your query.

 

 

1. Remember and recall that we are living in an era of "equality of s*xes". The Constitution provides equal treatment to be given irrespective of s*x, caste and creed.

 

 

2. It must be remembered that there is no "legal presumption" that behind every failed marriage there is either dowry demand or domestic violence. Marriages do fail for various other reasons. The difficulty is that real causes of failure of marriage are rarely admitted in Courts. Truth and honesty is becoming a rare commodity, in marriages and in averments made before the Courts.

 

 

3. Boldly tell Court to "ask her to beg on streets" after all what good education does to women when she can't even now strat re-working seeing court cases needs servicing and for servicing a court case people do need to work to pay the huge bills of lawyers / court fees / petition writings etc. By making this bold submissions you have nothing more to loose than what you have already lost all these while. Have a man's conviction and courage in telling the truth to Court.

 

 

4. Right to Maintenance is neither "absolute duty" of husband and/or nor “absolute rights of a wife” as per Law. The moment you distort the very Law you find yourself in trouble and also encourage ideating status of a wife. Ld. people who differ to this constitutional tombstone writting are the once who are constantly on a watch for minimum 4 cases on average of a wife as client to land unto their chambers. had it not been so they would subscribe to quote and unquote under this para !


Let us test who among the ld. professionals here subscribe to last para now ?

4 Like

Pvt_RajKing (Private)     14 December 2011

Originally posted by :Krishna Kumar
"

Originally posted by :Pvt_RajKing
"How long was she gone? Do you have any proof to support that she is gone? "

she is not living with husband for almost 2 years. Husband tried to get her back using lots of elders meetings, but she did not come.

"

In that case, the following link can give you the current postiion of the law.

    https://legalmanthandivorce.blogspot.com/2010/09/alimony-for-woman-who-desert-husband.html

Yours seems to be a clear case of desertation by your wife. All you need to ensure is that you have enough to prove the same... start gathering as much evidence to prove the same as possible... once you have done that you can also send her notice summarizing the same and declare that you are treating her as deserted your family (perhaps you may want to consult a lawyer before doing this)...

Hope the able helps!!!

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 December 2011

Dear Krishana

Mr.  Mohammad Ali, Adv is right, I am agree with him

Krishna Kumar (Business)     14 December 2011

Thanks Tajobsindia and Pvt_RajKing.

The link provided for no alimony for woman who desert husband judgement is really great. It will be more usefull.

Krishna Kumar (Business)     14 December 2011

Zeeshan (Hidden)     14 December 2011

Originally posted by :Tajobsindia
"

 

3. Boldly tell Court to "ask her to beg on streets" 
"

 

 

I said this in my 125.. Plus I said," handicap hai kya ? Ghar ke kaam ate nahi hain, bahar ke kaam karegi nahee. Paida kyu hui thi ? doosro par jhoote ilzam laga kar paise aithne ke liye ?"

2 Like

Krishna Kumar (Business)     15 December 2011

Hi Zeeshan,

What was the expression from the judge ?

Chalta Purja of 498a (Biwiyon Kaa Baap)     15 December 2011

throw some coins into her begging bowl.

4 Like

YVerma2007 (Registered Patent Agent)     15 December 2011

What about constructive desertation? did she walk out  for studies? or she was forced to do so due to cruelty?

Zeeshan (Hidden)     15 December 2011

Originally posted by :Krishna Kumar
"
Hi Zeeshan,

What was the expression from the judge ?
"

 

 

First give me 10 thanks then I'll tell you..;)




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