Daily Archives: August 5, 2015

Husband cannot shirk liability to maintain wife: Hon Magistrate Mona Tardi Kerketta on Jan 2015

"…..“The husband cannot shirk his liability to maintain the complainant on the pretext that she is qualified and competent enough to take a suitable job. Though in today’s scenario,even women are expected to shoulder the responsibility to run a household and earn for maintenance but the fact remains that the complainant is unemployed and without any income source….."

li-logo.png

Husband cannot shirk liability to maintain wife: Court

Posted On January 16, 2015

The husband cannot shirk his liability to maintain his wife on the pretext that she is qualified and competent enough to take a suitable job, a Delhi court has observed while directing a man to pay his estranged wife a monthly interim maintenance in a domestic violence case.

Metropolitan Magistrate Mona Tardi Kerketta directed the man to pay Rs 6,000 as monthly maintenance to his unemployed wife while disposing of her application seeking interim monetary relief under Domestic Violence Act.

“The husband cannot shirk his liability to maintain the complainant on the pretext that she is qualified and competent enough to take a suitable job. Though in today’s scenario,even women are expected to shoulder the responsibility to run a household and earn for maintenance but the fact remains that the complainant is unemployed and without any income source.

“After marriage, respondent is duty bound to her as per means and resources available to him. Hence, the complainant is entitled to seek interim maintenance for herself,” the court said.

It, however, declined the woman any police protection while observing that the couple was staying away from each other and the woman, who claimed that the man has tarnished her reputation in the society, could not prove that he is trying to contact her in any way.

“The complainant has failed to establish that the man is still attempting to establish contacts with her. No recent incident has been narrated, no recent complaint before any authority has been made. No other proof of communication has been placed on record. In the given circumstances, interim protection order is hereby declined,” it said.

The court’s order came on an application filed by the woman in a domestic violence against her husband alleging that he tortured her physically and mentally because of which she started residing with her aged parents.

She had also claimed that she was unemployed and her husband is a government employee and was earning Rs 30,000 monthly and an additional Rs 50,000 per annum.

The man, however, denied the allegations and the salary as claimed by the woman. He contended that he was earning Rs 20,000 per month and the woman herself was qualified to earn a living as she was trained to work as a nurse

source :

© Legal India

*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Husband Legally and Morally Bound to Maintain Wife : Hon MM Mona Tardi Kerketta

li-logo.png

Husband Legally and Morally Bound to Maintain His Wife: Delhi High Court

Posted On March 10, 2015

A man working as a disc jockey (DJ) has been asked to pay interim maintenance to his estranged wife by a Delhi Court which observed that the husband is legally and morally bound to maintain her.”He being the husband of complainant (woman) is legally and morally bound to maintain her and cannot shirk his responsibility towards her,” Metropolitan Magistrate Mona Tardi Kerketta observed in a case of domestic violence filed by a woman seeking interim maintenance from the husband.

The court directed the husband to pay Rs 5,000 as interim maintenance to his wife while observing that his monthly income is around Rs 10,000, which could go up to Rs 12,000 during season of wedding or party.

“The details mentioned in bank statement show that the income of respondent (husband) is more than what he claims. Admittedly, he is residing in his own house and does not have to pay rent. He has claimed to be spending Rs 2000­-4000 per month in litigation, which is not possible for a litigant having income of Rs 10,000 to Rs 12,000 only,” the court said. It noted that the husband has either mentioned incorrect and exaggerated information in his profile or “concealed true facts from the court.”

The court, however, refused to go into the allegations and counter-allegations levelled by husband and wife, saying all aspects will be dealt with at the evidence stage. The woman, in her complaint, claimed that the monthly income of her husband was around Rs 40,000 to Rs 50,000 while she was unemployed.

She claimed that her husband has no other liability except to maintain her. On the other hand, the man claimed that woman has been running a boutique from her house and is earning Rs 15,000 to Rs 20,000 per month and does not require maintenance as she has suppressed material facts

source :

© Legal India

*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Women Expected to Contribute in Running Home, NO interim maintenance !! Hon MM Mona Tardi Kerketta

Women Expected to Contribute in Running Home: Delhi Court

Delhi | Press Trust of India | Updated: August 05, 2015 01:26 IST
Women Expected to Contribute in Running Home: Delhi Court

Representational Image

New Delhi: In today’s scenario, women are expected to contribute economically in running the household, a court in New Delhi has observed while denying interim maintenance to a wife from her estranged husband in a domestic violence case.

Metropolitan Magistrate Mona Tardi Kerketta disposed of the interim application filed by the woman seeking monthly monetary aid from her husband, saying the admission by the woman that she has done beautician course, means she has the skills and qualification to earn.

"The complainant has admitted doing the course of beautician. However, she has not furnished any explanation as to why she is sitting idle," the magistrate said.

"In today’s scenario even women are expected to contribute economically in running the house. Admittedly, complainant is having such professional skill and qualification that she may not find any difficulty in searching suitable job for herself."

"The court is of the view that the present case is the fit case, where interim monetary relief should not be granted in favour of the complainant…" the court said.

The woman, in her application, contended that she was a housewife and was dependent on her parents for her livelihood.

She had also claimed that her husband was earning Rs. 60,000 per month through a service centre.

The man, however, denied the contentions and claimed that he was unemployed and his wife did not require maintenance as she was a trained beautician and was working in a parlour on Rs. 15,000 per month income.

The court, while denying the relief to the complainant woman observed that the couple had not filed any document to prove each other’s income.

Story First Published:
August 05, 2015 00:37 IST

*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Husband cannot shirk liability to maintain wife: Hon Magistrate Mona Tardi Kerketta on Jan 2015

"…..“The husband cannot shirk his liability to maintain the complainant on the pretext that she is qualified and competent enough to take a suitable job. Though in today’s scenario,even women are expected to shoulder the responsibility to run a household and earn for maintenance but the fact remains that the complainant is unemployed and without any income source….."

li-logo.png

Husband cannot shirk liability to maintain wife: Court

Posted On January 16, 2015 by &filed under Family Law News.