Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Wife getting maintenance acc. to hubby's income becomes news

Page no : 4

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     15 December 2010

It is ok if husband has done wrong but what if wife has done wrong.As per data 95% cases are false.so what about punishment to husband on those cases.

Pre-neputal agreement should be made legal so husband and wife are aware before hand what they are going to get or loose if they part there ways and they should be allowed to take divorce on the terms mentioned in the agreement without going to court. 

MAXIMUM LIMIT OF MAINTENANCE AMOUNT BE FIXED IN THE ACT ITSELF TO STOP ITS MIS-USE

THERE MUST BE STRICT PENAL PROVISIONS FOR PETITIONER AND ADVOCATES FOR FILING FALSE CASES.IT WILL REDUCE LARGE NUMBER OF FALSE CASES. AS PER STATATICS 95% DOWRY/ DOMESTIC VIOLANCE CASES ARE FALSE.ONCE JUDGES START PUNISHING THOSE INVOLVED IN SUCH CASES THERE WILL BE SEA CHANGE.

Dowry law, Hindu Marriage law, Domestic violence Act etc. must be made equal for both husband and wife. Lacs of husband are suiciding because of these biased laws.

  

If husband has a duty to maintain his wife then he must have some rights also and if wife has right of maintenance then she must have some duties also.

 

The government of India who has enacted this type of illogical law has on its own part giving this type of maintenance/allowance etc. to citizens of India if they don’t have any earning/job etc. NO not at all.

 

In NAREGA they are just giving guarantee of work for 100 days and wages for the days worked so this should also be applicable to husband and wife also.

 

This blackmailing by wife's must be stopped forthwith.

 

 

 

 

 

 

1 Like

amrit (asstt. prof.)     15 December 2010

samra it appears that the wife had married only to get additionl income after divorce.anyway she will deffinitelly be brought to accounts in the sc. As per the act provisions she was not even entitled to file a law suit under 125 crpc as she has sufficient income to naintain herself. It shows that our hon'ble judges sometimes come to court carrying some domestic probs and slap their anger on the parties.hahahaha.
1 Like

Ajoy (Manager)     22 December 2010

Roshni,

Your recommendation clearly opens a new vista for prostitution. 

1 Like

Ajoy (Manager)     22 December 2010

Dear Roshni, 

I ask you a little more fundamental question - 

 

Whether any ones earning through a transaction should not be equivalent to the value provided by one in reciprocation??

Try to understand the consequence of your own recommendations.

They probably open possibility of  a new form of prostitution  !! 

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     23 December 2010

 

 

The supreme court has termed in many judgements that it is Legal tool of Extortion of Money from husbands.

If women wants rights then she must do her duties also.

If she wants maintenenace then she must serve her husband and his family also.

Even prostitues take money after doing their job and not without that. Only Unaks take money without doing anything but as they are not capable of doing anything they are also justified. But educated woemen is not justified by asking easy money.

Mostly those girls who are from well to do families never ask money and womens from lower class or lower middle class aks for the money as they have never seen comforts in their whole life because of financial constraint in their parents house and their parents also support them as they also want to enjoy on easy money.

It is shameful.


(Guest)

@ Bhaskar,

from your post it seems you are a very frustrated man ...may be it is because of the story  of the  mother and the son who is forcing second father to adopt the son ( u described in a different thread)..I don't know whose story is this.But your comments are very shameful.Girls from rich families need no money from husbands.But who are financially weak , why they will not ask money ?

SOME MOTHERS ALSO GET MAINTENANCE FROM THEIR SONS...ARE THEY ALSO PROSTITUTES?WHY A MOTHER HAS TO FILE MAINTENANCE CASE FROM HER OWN SON?

If women wants rights then she must do her duties also.Of cousre she will do her duty if husband and in laws provide such environment .No body can work properly if his/her life is in danger or has to suffer mental torture beyond limit.

I AM NOT TELLING THAT ALL WOMEN ARE INNOCENT .A WOMAN  COMES TO THE STAGE OF ASKING MAINTENANCE FOR   ANOTHER WOMAN GENERALLY.....SHE MAY BE A K**P OR MIL OR SIL..

SO DON'T GENERALISE COMMENTS GENERATED FROM PARTICULAR EXPERIENCE.

Rajesh Kumar (Advocate)     23 December 2010

There is no moral basis of making legal provision for maintainance merely beause some women cannot maintain herself. Such provisions of law are patently discriminatory, populist, anti-men and encourages feminist parasitism.

These provisions are required to be repealed before it is too late.


(Guest)

IF SEC 497 IS REPEALED PROPERLY AND IF THE TERM 'ADULTERY' INCLUDE ALL MEN AND WOMEN IRRESPECTIVE OF MARITAL STATUS THEN LODGING OF MAINTENANCE CASE WILL REMARKABLY GET REDUCED.

Rajesh Kumar (Advocate)     23 December 2010

There are many other ways of reducing maintenance claim- Firstly, it can be reduced if men will stop marrying. The other way is to convince government democratically that these laws must be repealed.

Maintenance is a type of bounty-- a tax free bounty without doing any work. The beneficiaries, including potential and contingent beneficiaries will always support it. 

Saurabh..V (Law Consultant)     24 December 2010

READ FULL POST AT: -


https://www.lawyersclubindia.com/forum/MAiNTENANCE-8211-A-Myth-Unveiled-29047.asp

 

If an innocent and decent wife is turned out of the matrimonial home and there is no recourse like maintenance etc., all unscrupulous men would start fulfilling their lust by performing marriages on day today basis. Consequences of divorce in case of innocent wife should be in deterrent form including maintenance, separate shelter for wife and punishment for husband etc. However when for ulterior motives a wife in connivance with her parents harass her husband, he should be entitled to save himself and consequently such wives should be ordered to pay maintenance allowance to aggrieved husband in similar proportions as does a husband in former case. If there are special laws available to provide maintenance for aggrieved wives, why there is no special provision for husband to get rid of an unscrupulous wife? With such effects, I wish and hope that we could develop a better world which marches towards peace and harmony. The matrimonial life could again delve into prosperity. The unscrupulous be washed away and the innocent shall survive.

 

 

//peace

/Saurabh.V

 

READ FULL POST AT: -


https://www.lawyersclubindia.com/forum/MAiNTENANCE-8211-A-Myth-Unveiled-29047.asp


(Guest)

Hello roshni, saurabh, and others here!

The details in this article are not accurate. Something important that is missing in this article is that "the husband was jobless" when the HC made this order. The husband has been left in a miserable state with such an order upon him.

Something more that needs to be corrected is that the husband's family is not a high status family. They are ordinary middle-class people. It would be very painful to them when they are being projected as "high-status" when they are left in a miserable financial state with such additional financial burdens on them.

Now please comment on the same with these added details!

1 Like

(Guest)

Hello roshni, saurabh, and others here!

my comments are for this post-

https://www.dnaindia.com/india/report_rs40thousand-per-month-woman-gets-whopping-alimony_1476411

The details in this article are not accurate. Something important that is missing in this article is that "the husband was jobless" when the HC made this order. The husband has been left in a miserable state with such an order upon him.

Something more that needs to be corrected is that the husband's family is not a high status family. They are ordinary middle-class people. It would be very painful to them when they are being projected as "high-status" when they are left in a miserable financial state with such additional financial burdens on them.

Now please comment on the same with these added details!

1 Like

(Guest)

Does it mean :

  1. Wife should get maintenance the moment she gets married and even if she leaves the husband immediately after marriage and does not let him consummate the marriage ?
  2. Wife should get heavy amount of money whether or not any domestic violence has taken place against her ?
  3. Wife should be able to misuse 498 A and DV Act against complete family of in-laws without even staying with them for a single day ?
  4. Wife should be rewarded for misuing her LLB degree against innocent in-laws who neither demanded dowry nor have taken the same ?

If the answer to the above is yes, why should a man marry ? This would mean that marriage in India is just about money. This would also mean that women in India have only rights and no duties.


If such acts of harassment continue against the husband and his family, seeing what the innocent family has faced, no family would mind asking for dowry and no one will treat daughter-in-law well. What is the point in being cultured, if being cultured makes you a victim of terrorism !


Now if you ask me "What's the evidence that the family is innocent ?" I can say :

  1. Ask the wife to provide a SINGLE evidence of any cruelty that she has alleged
  2. Ask the husband and his family to provide the evidence which they have and can only give when the trial starts - Unfortunately the wife will never let it start for the kind of monetary gains that she is getting ...
  3. Kindly go and check the status of the case and assess the evidence on record, you will come to know the complete facts....
  4. Cruelty, at times, is done against the in-laws by making them a victim of a pre-planned game of extortion done by the greedy daughter-in-law. Unfortunately people who do not know how clout and LLB can be misused by some greedy families fall in such trap

(Guest)

Bhaskar ji,

As a matter of fact, the highest monetary reliefs are awarded to women of very well to do families. Plus, it is common experience that "greed sees no class". A poor man's wife works very hard to support her husband because if she leaves him, she will not receive support from anybody in filing false cases.

And my experience is that generally high-status women misuse the laws the most as only they can afford to do so :)
 

1 Like

Arup (UNEMPLOYED)     25 April 2011

my experience is that generally high-status women misuse the laws the most as only they can afford to do so :)
 

---   I ALSO HAVE THE SAME EXPERIENCES.