Daily Archives: April 13, 2019

WHY all cases are NOT equal & why ALL women CANNOT get alimony !!!

WHY all cases are NOT equal and why ALL women CANNOT get alimony !!!

Not all women against whom NULL and VOID decree is passed, can sue for maintenance / maintenance under HMA 25.

In most cases they have just entered into a small or a NULL marriage and are NOT entitled for anything

Many lawyers MAY try to mislead you showing Rameshchandra Rampratapji Daga vs Rameshwari Rameshchandra Daga , SCC case.

But please read the following para to see why alimony was granted in that case

//// From circumstances preceding and attending the marriage, it can safely be inferred that the present husband must have made reasonable enquiries about the previous marriage of the present wife. The wife’s version is natural and inspires belief that the document of Chor Chhithi was shown and given to the husband. It is proved from the photocopy of the foil of Registration, placed on record. According to the wife, the husband did receive the document of Chor Chhithi but has not produced it before the Family Court. It is argued that it is open to the wife, if the document was registered, to get a copy from the Registration office. Even if that was possible, we find no ground to disbelieve her version that the fact of her previous marriage was not concealed from the present husband. The husband is an advocate. His falsehood went to the extent of denying his second marriage and calling his wife only to be a governess of his children from the first wife. He unsuccessfully denied even the parentage of daughter Puja, born through him. He failed to lead any evidence on the illegitimacy of the child. After the second marriage the parties lived as husband and wife and they had a considerably long married life of about nine years from 1981 to 1990. In such a situation, the Family Court and High Court were fully justified in holding that the wife deserves to be granted maintenance under Section 25 of the Act. ////

So, this is a very special case and the second idiot was possible VERY MUCH aware of that woman’s second marriage and just to escape money he tried to bring in all these cases

IF your case is different from the above circumstances, it is your / your lawyer’s responsibility to argue and prove it to the Honourable judge that this case does NOT apply to you and completely deny alimony

Link to the above case from Indian Kanoon website is given below

https://indiankanoon.org/doc/938507/?fbclid=IwAR0klXDIQGqZjXV6o1wCpw6zarldBlywWl0fw53fNkqxuLul-SEVYLRA3zQ

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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