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(Guest)

Wife cannot continue to sit idle - judge rekh rani, delhi

Wife cannot continue to sit idle and expect husband to maintain her

In a modern judgement (might be first of its kind in India) a female judge ordered wife to seek employment instead of seeking maintenance/alimony from husband.

The judge observed that both the husband and the wife  are well qualified. Both are capable of earning. Both were employed before marriage. Both were earning before marriage. But now both the husband and wife submit that they are not employed.  Both have tried to prove that they are feeling depressed on account of litigation they are fighting against each other and hence they are not able to focus on their jobs.

The order mentions it is not in dispute that wife herself is a Post Graduate having done basic French Course and MBA. She has a potential to work and earn as she has been doing earlier. She does not have any liability of upbringing or maintaining any child. Still the wife has not specified as to what efforts she has made or is making to search for a job. She cannot continue to sit idle and expect the husband to maintain her. So she should make efforts to search for a job.

This complete judgement of 18th day of February, 2016 by Rekha Rani, District & Sessions Judge (West) at Tis Hazari Courts/Delhi is available on the court website which you may find attached here.

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Please use thank button, to convey thanks, thats the least I could ask you to do.

 



Learning

 12 Replies

Hiren Gohel   25 April 2016

Excellent.. These useless bit*he's seriously needs to learn from this. Females only believe in damaging other's lives.
1 Like

Ravi (a)     25 April 2016

although it is useful judgement, what's the purpose? i have been paying fat interim in divorce sec24hma to my wife. i went upto high court and high court didnt make any change.

these judgements are never used by any indian judgement.

the whole law system is flaw.

1 Like

(Guest)
Good decesion we r in pitt condition and we can prayitno god to change this condition

(Guest)
Good decesion we r in pitt condition and we can prayitno god to change this condition

Born Fighter (xxx)     25 April 2016

Thanks Helping Hand!!

 

Ravi, sorry bro without knowing your case details i cant agree 100% that the whole law system is a flaw. Yes laws are biased towards women n men have a tough time but mind you there are many men who are giving tough times to greedy wives (like Rahul in this judgement attached)

Decisions are based on powers of judges but they cant be lopsided to favour any women unless there are loopholes in husbands  case or case is not presented/ fought properly in the court. 

 

Brachy   26 April 2016

On the same lines, can someone help me with the judgement copy of the below case before the Delhi district judge Rekha rani.

https://www.hindustantimes.com/india/get-a-job-don-t-rely-on-maintenance-court-tells-woman-seeking-alimony/story-IiQmAwxSEDuxPp6wvPr5lK.html

This is a case of appeal on alimony where the court has asked husband to pay 12k for a year only  as alimony amount since the wife is qualifed and capable and should not put financial burden on her estranged husband

 

 

 

Ravi (a)     26 April 2016

hello born figher

all lawyers & judges & courts follow the laws, acts, sections, trial, judgement laid out by India constituion and Law system.

when i file a civil or criminal case under any act or section, the law follows its own procedures and systems & processess to perform the trial.

 

similarly, when a judgement given by high courts or supreme courts, all judges must be aware of since it is part of the integral system. we dont need to tell judge that there is a judgement cited by some high court or apex court. same applied for a lawer.

 

Brachy   27 April 2016

I got the judgement copy that I was looking for. Sharing it in this forum for the larger benefit of the members.

@Helping Hand - This one is also from the same judge - Rekha Rani.

 


Attached File : 333474 20160427103322 35562023 qualified wife cannot sit idle to burden hubby rekha rani 2016.pdf downloaded: 236 times

Born Fighter (xxx)     27 April 2016

Ravi, i agree the judges as said by Ranee behave like demi gods, rather Super Gods. 

A lot depends upon the competency of ur lawyer and evidences you have to support ur case. Where there in ambuiguity in establishing the income of husband the judges often draw adverse inferences using their discretionary powers n award improper maintenance to not deserving wives.. Assuming the Judge knows all is a mistake, court mein 1+1 = 2 prove karne ke liye bhi cases file hotey hai and they run for years. 

I have been saying this submit ur arguments in writing as many judges overlook vital matters discussed to favour the women. These written statements help in HC/SC. One needs to fight tooth and nail and not give up. These landmark judgements where maintenance is rejected come after lot of hard work that both lawyer + husbands put together to tame the wife.

Kinchit   05 January 2019

I am not able to download the copy of the judgement if possible kindly mail me at kinchit.bansal.3@gmail.com it will be very much beneficial to me . I am also suffering with the same case

Kinchit   05 January 2019

I am not able to download the judgement copy I am also suffering from the same case if possible please mail me at kinchit.bansal.3@gmail.com I am in big problem please

Kinchit   05 January 2019

I am not able to download the copy of the judgement if possible kindly mail me at kinchit.bansal.3@gmail.com it will be very much beneficial to me . I am also suffering with the same case

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