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wife has to prove cruelty to get maintenance: bombay hc

For justice and dignity

MUMBAI: A woman has to prove cruelty, neglect or abandonment to claim maintenance from her estranged husband, the Bombay high court has ruled.

Striking down a family court's order that an advocate from Nagpur has to pay a monthly maintenance of Rs 10,000 to his 66-year-old wife, an HC division bench of Justice S A Bobde and Justice S B Deshmukh said Seema Patil had failed to prove any of the charges against her husband, Nilesh: assault, neglect and having a mistress. Though the court quashed the maintenance order, Nilesh offered to pay Rs 2,500 to Seema every month and also look after her.

"The (wife) failed to establish a case of desertion, neglect, refusal, abandonment or of cruelty to her by her husband," said the bench, adding, that she had "also failed to establish the presence or existence of a mistress/concubine/any other woman in the house or life of the husband, entitling her to claim separate residence without forfeiting her right to maintenance".

 

 

The couple who married in 1962, have three grown-up children, all of whom are law graduates. Nilesh is a lawyer who practises in the HC bench at Nagpur as well as in the Supreme Court. The couple started having differences from 1993 and in 2001, Nilesh moved court for divorce on the grounds of cruelty. While his petition was dismissed, Seema filed a case under the Hindu Adoption and Maintenance Act, seeking maintenance, following which, a family court in 2008, ordered Nilesh to pay Rs 10,000 to her. Under the Hindu law, a husband is obliged to pay for his wife's maintenance and he can be relieved of the liability only if the marriage is dissolved or if his wife dies or if she is proved to have committed adultery or if she converts to another religion. A Hindu wife can seek maintenance on the grounds of cruelty, desertion, neglect or even claim separate home if the husband brings his mistress to their matrimonial home.

Though Seema claimed that Nilesh had hit her twice, the HC could not find any documentary evidence. The charge of neglect also did not hold water. "The wife could not have been deserted, abandoned or neglected by the husband as she lives in the same house as her husband, sons and daughter-in-law." She had also been handed over the possession of the matrimonial house after an agreement with Nilesh.

 

 

http://articles.timesofindia.indiatimes.com/2011-05-04/mumbai/29508452_1_claim-maintenance-maintenance-order-matrimonial-house


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UNEMPLOYED

A woman has to prove cruelty, neglect or abandonment to claim maintenance from her estranged husband,

 

----     no doubt about it


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Nothing new.:)Agreed with arupji view.


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Self Employed

When a wife is kept captive in the house by her inlaws and husband,when she has no access to e-mail,telephone recording etc,how will she collect proofs?

 

When she is suddenly beaten or slapped,will she be ready with  a tape recoder or a video camera?

 

And,is it necessary that she will get injury marks?If she does not,will slapping or kicking her not be cruelty then?

 

When a woman is suddenly given oral abuses,will she be ready with the above equipments for recording?

 

Likewise there can be countless egs.,where she will not have the opportunity to collect proofs..

 

But...........................

 

Now opportunistic husband s and their parents will devise such ways yto harass a wife,that she suffers and is not able to prove also.

 

Great going Indian judiciary..


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NA

Good and very relevant questions by Meenal. 

The wife should approach SC, 

Meenal is right...domestic violence does not have in most of the cases documentaty proofs, hence to strictly ask for the documentary proofs of abondonment will not be fair. A woman may remain in the same househol and yet abused, neglected and deserted. The behaviour of the spouse in all verbal and non verbal form can convey that she is no longer anyone in his life. 

Looking at the lady's age, and with age health status, the length of marriage and the years that she has lived in her husband's home, it looks like an unfiar deal to the wife. Why the earlier case filed by the husband was dismissed? On what grounds? 

 
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propra

Wife was given a wrong advise ........  she could have asked for maint under crpc125 and hama or dv.

 


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Originally posted by :Meenal Bahadur
"


When a wife is kept captive in the house by her inlaws and husband,when she has no access to e-mail,telephone recording etc,how will she collect proofs?...............................................................................................................................................................

......................................................................................................Great going Indian judiciary..

"

Think similar for men. How can a man prove that he never beat or demand dowry ? when 498a applied.  Once beating can be proved by medical reports or marks on body or somebody listen to cry or quarell. But how non-beating can be proved ? Demand of dowry can be proved if some mediator is there through which dowry is demanded or given . But how not demanding can be proved ? 

and that is without giving any chance to husband ."In 498a ?"

 

Remember ,"dhua wahi uthta hai jahan aag lagti hai."  Kuch hota hai to saboot apneaap ban jate hain. 


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propra

Question here is .........

 

 

As per 498a ............... If there is a trace of smoke 498a inadvertantly assumes that its the husband who lit the fire!!! But it could be by wife also!!

 

 

Dowry givers should be punished first!!

 

 

 

Its the Saint who is the real culprit ........ the Saint who keeps the devil alive even though he had a chance to eliminate the devil himself !!!

 

 

Why? ........................... Once the devil is dead then Saint goes jobless!!

 

To whom would he preach his sainthood and divinity ................ if the fear of devil is eliminated?

 

 

Who had stopped the female and her parents to eliminate the devil of dowry by refusing to budge right in the first time and make the right choice for the female?

 


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Senior Partner

@ Writers

I agree to the Order of Mumbai HC and disagree to Meenal and Ambika on sole grounds that in 498a police comes at morning time and arrests husband and family members on sole verbal and or a written complaint of a gospel truth vomiting wife and does she produce any of your asked proofs to police? Think aloud and you female writers here are struck only upto maintenance point of a wife and in marriage let us go beyond maintenance point.


One of you female writers above say that this wife should go to SC? What for at 66 yrs age ? Even SC says cruelties as well as desertion needs to be proved to get maintenance. So there is NO FREE LUNCH BTW in case you female writers have forgotten.


Show me one case where any one wife has brought on record any of the “proofs” as asked by one of you female writer above. In 90% cases of gender biased laws it is a husband who has to bring on record ‘proofs’ of his innocence.

By default all wifes (WOMEN) are innocent and here is recent eg. of your tribe

http://www.firstpost.com/politics/the-kanimozhi-defence-im-just-a-girl-5978.html

 

Ever heard a husband (MAN) taking such defence in media and or court J He will be kicked out which is illustrative enough by your forthcoming comments now !

 

Happy reading my bytes ……


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ye chacha bhatiji phir ladne lage...........

 

ha ha ha


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