Educated wife not entitled maintenance. 35 cases of maintenance denied, or lowered 2019-01-12
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No interim maintenance to professionally qualified spouse having means to sustain oneself
V Act at family court. This is a free service provided by Vinayak pen name. With respect we do not agree with such a course of action because it is well established that the inherent powers are required to be exercised by the court only in the absence of statutory provisions and not to circumvent a statutory provision. In the petition filed in 2013, the woman alleged that throughout their marriage, the husband and his family members had ill-treated her and harassed her both physically and mentally for bringing less dowry. In that case, the application for maintenance filed under Section 25 of the Hindu Marriage Act was for consideration of the Court. The respondent and family members were having property at Mumbai, Bangalore, Dubai and other places.
LAND MARK SC JUDGEMENT ON INTERIM MAINTENANCE/MAINTENANCE 125 crpc
If it is felt that a particular enactment causes hardship and inconvenience, it is for the legislature to redress it, but it is not for the court to ignore the legislative injunction. She further claimed that her husband and his family had an affluent, business background, and makes profits of Rs15 lakh per month. The Apex Court while interpreting Section 25 held that Section 25 refers to any decree provided for under Sections 9 to 14 of the Hindu Marriage Act affecting or disrupting the marital status but does not include any order dismissing the petition under any of those sections thereby sustaining marital status. I have updated the post to reflect that. The judgement cited above is the most recent one if I am not mistaken. The stand was that the applicant was able to maintain herself from her income was reiterated. In the appeal arising out of the said proceedings, the question that fell for consideration of the Apex Court was whether payment of alimony is admissible without the relationship between the spouses being terminated.
As per Section 125 l a of the Code, if any person having sufficient means neglects or refuses to maintain his wife, unable to maintain herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct. Ultimately, having based the relief on Sec. This issue can be decided only by a reference to the law applicable to the parties. The court also referred to the observations made under Mamta Jaiswal Vs. Along with the written statement, the appellant filed counterclaim praying for provision of separate residence and permanent alimony.
The company due to its relocation process had asked the petitioner to shift to Bangalore. They are having two children. This is what a family court said while rejecting the plea for maintenance from her estranged husband. It was only a ground for judicial separation under Section 10 thereto. Some notes are made by Vinayak. The learned counsel for the respondent submitted that the appellant-wife is well qualified, having post graduate degree in Geography and working as a teacher in Jabalpur and also working in Health Department.
Maintenance has not been defined in the Act or between the parents whose duty it is to maintain the children. He has firstly contended that since the Family court declined to declare the marriage of the appellant and the respondent as null and void, the status of the appellant as wife of the respondent cannot be said to be affected. Throughout their cohabitation at the matrimonial house the respondent and his family members had illtreated her, harassed her physically and mentally for bringing less dowry. The respondent is a successful businessman, his family is business family. They are all competent professionals in maintaining accounts, filing income-tax returns of individuals as well as corporates.
No interim maintenance for qualified woman, rules judge
The object of the maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy by compelling those who can provide support to those who are unable to support themselves and who have a moral claim to support. It appears that the parties as well as their family members have been indulging in jugglery of accounts, making the things complex. Additionally, the wife must not be living in adultery. The revision was accordingly dismissed. Important part of judgment below: 16. The Vision of the Author to start this blog is for creating Social awareness and to Magnify victims instances to get Justice in a natural and in more Fraternal way.
The High Court noticed that the conclusions have been arrived at on appreciation of evidence and, therefore, there is no scope for any interference. The husband, however, claimed that in the first place, the woman is not his lawfully wedded wife, since the marriage was dissolved by way of talaq on September 2014. In this case, the woman filed an application claiming permanent alimony of Rs. She has also mentioned her reasonable wants from her husband which includes house rent, household expenses, miscellaneous expenses as well tuition fees and transport charges but without disclosing her own assets and income truthfully. The Law in respect of maintenance of Muslim wife is day by day changing. The statement made by the parties in their earlier proceeding is admissible statement. Section 125 of the Code gives effect to the fundamental and natural duty of a man to maintain his wife.
But you can not go away to any place after obtaining bail. The petitioner separated from her husband, who is also a television actor, in 2010. While a legislative enactment may be liberally construed, the liberality cannot over-step the legislative limits of interpretation putting into the legislation something which is not there. It gives effect to fundamental rights and natural duties of a man to maintain his wife, children and parents when they are unable to maintain themselves. The appellant wife being well qualified and in profession for the past 13 years need not be granted interim maintenance.
It appears from the record that the respondent has filed reply to the application of petitioner before 29th Court M. The company due to its relocation process had asked the petitioner to shift to Bangalore. The petition being devoid of merit is hereby dismissed with no order as to costs. In June, 1983 the appellant married the respondent at which time he already had a lawfully wedded wife living. Where the personal income of the wife is insufficient she can claim maintenance under Section 125 Cr. File be consigned to Record Room.
Secondly, if the scheme of the act is seen as a whole, it is obvious that it is not necessary that the child should be impleaded as a party. After going through the arguments by both the parties, the court held that as per the revised Muslim law, though a wife is entitled to get maintenance from her husband till the time she does not remarry, this case is different. The above statement made by petitioner support the version of respondent as well as C. That is not sufficient to rule out application of s. But her mother was giving Mis reason that her father was ill, then again Reservation is not available etc ect. Sessions Judge is just and fair and sufficient to meet the requirements of a child which is aged about 3 ½ years.
