The views expressed in the Comments section are of the individuals writing the post. Criminal Procedure Code, 1973, Section 125-- Maintenance to wife and children - Denial of marriage and disowning children - Documents on record show that opposite party introduced himself as father in different institutions including bank account - Certificate of date of birth duly issued by Govt. The right conferred upon the wife by the provisions of Section 125 is independent of personal law. The wife for the purpose of the section may be of any age—minor or major and means a legally married woman. It is relevant to mention here that while the date of joining of petitioner with Met Life Insurance is 07. 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 inability of the wife to maintain herself is a condition precedent to the maintainability of her application for maintenance. The intent of this blog is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression granted under constitution of India. How would it safeguard us? May be an enquiry by the incometax department or some other agency in all the transactions conducted by the parties and their family members, since their marriage i. The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversory by implementing the provisions of law suitable to their purpose. Section 25 is an enabling provision. Admittedly the respondent and his family are connected in garment business. 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.
Nothing is on record to prove the income of respondent at this primary stage. My wife is not giving respect to my parents and she is not wiling to live with them. This is of course subject to certain conditions with which we are not concerned. The woman had argued that, though she was better qualified, she married young and never held a job or even travelled alone. Family Court, Mumbai: Looking at the burden on the husband to provide maintenance to his wife even in cases where the wife is well educated and capable enough to earn for her living, a bench of S. As regards the argument based on Section 18 2 d of Hindu Adoption and Maintenance Act is concerned, we are inclined to agree with the view expressed by the Andhra Pradesh High Court, which has held that the ground laid down under the provision can obviously exist only in case of marriages solemnized before the Hindu Marriage Act came into operation. He, thus, be directed to pay her some interim maintenance.
While dealing with the case of Parveen Rao Vs. While so, the High Court was not right in going into the intricacies of dispute between the appellant-wife and the respondent and observing that the appellant-wife on her own left the matrimonial house and therefore she was not entitled to maintenance. It appears from the record that the respondent has filed reply to the application of petitioner before 29th Court M. The respondent is having six companies, 20 bank accounts at Mumbai, Dubai and Bangalore. The man told the court he was willing to accompany her and assist her in whatever way she needed to find work.
The respondent is capable to pay maintenance to her but he has neglected and refused to pay maintenance. Gokhale relies upon the decision of the Delhi High Court in the case of Smt. As such the petitioner turned down the offer of the company. So, that a Human being must not be discarded by Gender discrimination in terms of achieving Justice. There are rival claims about the financial status and respective earnings of the parties. Nothing is on record to prove the income of respondent at this primary stage.
He said since he never objected to her working and she had voluntarily left the house, he was not responsible to pay her maintenance. The court said the woman practically owned 50% shares of the company and, even if she was not looking after its day-to-day affairs, she had a share in the earnings and profits of the company. Under Section 125 l a of the Code, maintenance allowance cannot be granted to every wife who is neglected by husband or whose husband refuses to maintain her, but can only be granted to a wife who is unable to maintain herself but not a wife who is maintaining herself with some difficulty. In a landmark judgment, Mohd. There is manifest error in the impugned order as regards the observations in para-10 of the impugned order, which is set aside. Comments with all capital letters will also be deleted. It may be express or implied.
Most times, either she has to start at a junior level again or the same level and at a lower or same package as the last job. These are the question to be gone into during evidence by the Learned Trial Court. In view of this, it is directed that Learned Trial Court shall decide the quantum of maintenance for the minor daughter of the parties after making a realistic assessment of the needs of child, keeping in view the status of parties, on the basis of material placed on record by the parties. The above statement made by petitioner support the version of respondent as well as C. The court, however, pointed out that the woman admitted that she has completed degree and post-graduation in food and science nutrition, worked in top notch companies but is presently not working. It was then sought to be argued on behalf of the appellant before the Apex Court that the personal law of the parties to a proceeding under Section 125 of the Code should be completely excluded from consideration. The man produced records which showed that she was the director of a family-owned company and held its shares.
The respondent has filed on record leave and license deed dated 20. I am married for 2 and half years and have 5 months old boy baby. I had also filed revision but the court stands family court order. Keeping in view the need of the appellants, the Family Court by its Order dated 29. Therefore, even if the marriage is void ab-initio the second wife is entitled for maintenance. My Divorce case is running with High Court,now it is still pending. This is usually decided after considering the income of the person, the standard of living that is consistent with the status of the claimant and the separate earnings, if any, of the claimant.
Probability of misuse is high. The appellant not being the legally wedded wife of the respondent cannot resort to Section 18 of the Hindu Adoption and Maintenance Act to claim maintenance. If such army is permitted to remain in existence, there would be no sincere efforts of amicable settlements because the lazy spouse would be very happy to fight and frustrate the efforts of amicable settlement because he would be reaping the money in the nature of pendente lite alimony, and would prefer to be happy in remaining idle and not bothering himself or herself for any activity to support and maintain himself or herself. Division Bench of Delhi High Court has taken a different view on the question and granted maintenance to the second wife on an application filed under Section 18. Her prayer for interim monetary relief was declined vide order dated 18. The petitioner has submitted that earlier she was working with Met Life Insurance Company since the birth of her child.