Tag Archives: Maintenance

Woman fined for lying to get heftier alimony but still get monthly maintenance money !!!

A wife is caught lying to the court !! The husband brings proper proof showing that the wife is already employed and so is not eligible for any maintenance or alimony. The wife gets away with a small fine but the court still grants her maintenance at the rate of Rs 15,000 every month. Though the wife is employed and has lied to the court. This is the pathetic state of MEN in India.

WOMAN FINED FOR LYING TO GET HEFTIER ALIMONY
By Nikunj Soni, Ahmedabad Mirror | Updated: May 12, 2018, 02.00 AM IST
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The court refrained from filing an FIR against the woman
In an exceptional order that could have a bearing on other cases related to marital dispute, a 36- year-old hospital employee from the city — who lied under oath to seek a fat maintenance from her estranged husband — will have to face a major penalty for ‘perjury’. Despite earning Rs 15,000 per month, she had informed the family court that she was a homemaker and, therefore, liable to get alimony.

The court refrained from filing an FIR against the woman, but imposed a fine of Rs 5,000 for lying under oath. The fine will be deposited in the government treasury. As per case details, Manisha and Kapil got married in 2012. In her petition, Manisha claimed that Kapil had promised him to shift to Australia and take her along with him. “However, Kapil and his parents started torturing her physically and mentally. They kicked her out of the house three months after their marriage,” the petition claimed.

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Kapil worked as a software developer and earned a salary of more than Rs 50,000 a month. She claimed that his father who worked in a private bank also earned the same amount. In her petition, Manisha stated that she lived with her father and did not have any means of livelihood. Hence she should be provided monthly alimony of Rs 30,000. However, when the case was heard in court, Kapil moved an application seeking criminal action against Manisha for lying about her financial condition.

He submitted evidence that Manisha works as an administrator at a private hospital and earns salary of Rs 15.000. Before this, she worked with a government university on contract. The court then called Manisha for cross-examination where she confessed that she did earn salary as claimed by Kapil. The court took note of this and imposed a fine of Rs 5,000. However, court also ordered Kapil to provide monthly alimony of Rs 15,000 observing that as per law, “the woman had a right to live a life equal to the one being led by the husband”.
— Read on ahmedabadmirror.indiatimes.com/ahmedabad/others/woman-fined-for-lying-to-get-heftier-alimony/articleshow/64130002.cms

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No immediate arrest for #NON-#payment of #Sec125 #Maintenance

classic case where the Patna HC orders that non payment of maintenance cannot lead to immediate / direct arrest and that due process is to be followed

 

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Patna High court : No Arrest on Non Payment of Maintanence

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.563 of 2016

Md. Barik, S/o- Late Md. Haroon, Resident ofVillage- East Gharari, P.O.-Kharik Bazar, P.S.- Kharik (Naugachia), District-Bhagalpur….. …. Petitioner

Versus

1. The State of Bihar through Chief Secretary, Bihar, Patna.

2. Bibi Akila Bano, W/o- Md. Barik, D/o- Md. Niyamat,

3. Rubi Khatoon (minor)

4. Ruhi Khatoon (minor)

Respondent No.3 and 4 are minors and represented through their mother and natural guardian Respondent No.-2

Respondent No.2 to 4 are residing at Village- Ujani, P.O.- Maniya More, P.S.- Naugachia, District- Bhagalpur….. …. Respondents

Appearance :For the Petitioner : Mrs. Sarita Bajaj, Advocate

For the Respondent no.1 : Mr. Ashok Priyadarshi(GA-4)

CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGHORAL

ORDER2

02-06-2016

Heard learned counsel for the petitioner and learned counsel for the State.

It is indeed a matter of great regret that in spite of the decision of the Division Bench of this court, in the case of Laljee Yadav Vs. the State of Bihar, since reported in 2011 (4)PLJR 248, the learned In-charge Principal Judge, Family Court, Bhagalpur, has not followed the procedure as laid down in law and violated the petitioner’s fundamental right by wrongly ordering his confinement, on failure to pay maintenance as awarded under section 125 of the Cr.P.C. in Miscellaneous Maintenance Case No. 62 of 2008 by the Court of Principal Judge, FamilyCourt, Bhagalpur, a Miscellaneous Execution Case was registered and in that miscellaneous Execution case, the learned Judge issued warrant of arrest and detention of the petitioner having defaulted to pay maintenance.

This Court in the judgment aforesaid (Laljee Yadav) had elaborately dealt with entire procedure inasmuch as this court held that no person can be arrested by orders of the court. First upon default in payment of maintenance, asawarded in terms of section 125 Cr.P.C, it could only be recovered in the process as prescribed for recovery of fine, which wouldultimately be sent to the Collector for recovery of arrears of Rent Revenue in a proceeding under the Bihar and Orissa Public Demand Recovery Act, 1914.

The Court also noticed specific provisions of the Code of Criminal Procedure, which prohibited the arrest of a person. Form -18 (not Form- 15) as being used by the Principal Judge, Family Court, Bhagalpur as appended to Cr.P.C. is in respect of a person, who has been found guilty and convicted for default in payment of maintenance, which conviction has to be upon a fresh complaint for every arrears.

All these have been noted in the judgment of the Division Bench, as aforesaid.Regrettably, the learned Judge in spite of protest by the petitioner pay to take note thereof. It would be well advised for the Judge to acquaint himself with law before taking such drastic actions. The situation being what it is clear that in defiance of law,the petitioner has been detained. Thus, the detention of the petitioner being per se illegal and without jurisdiction. It would be violated of its constitutional rights under Article 21 of the Constitution.

The order issuing warrant and detaining the petitioner as passed by the Principal Judge, Family Court, Bhagalpur, is thus, set aside.

The petitioner is directed to be released from civil prison forthwith, unless he is required in any other criminal case.Let a copy of this order be communicated tothe Principal Judge, Family Court Bhagalpur, for information and necessary action

This writ petition is accordingly allowed.
(Navaniti Prasad Singh, J.)

 

just like “her body, her choice”, now we have “her alimony her choice” :-) :-)

A Hon. HC has ordered a MARRIED woman that she can claim maintenance from the live in fella as well !!

We know that Indian women can always claim maintenance from their father, from the son or from legally wedded, husband

But now they can choose !!

We really thank the society and system for affording women this choice 🙂 🙂

For those interested in case law / news paper report etc please check my earlier post on this blog / twitter feed !!

 

after words of wisdom, Hon SC Judge orders sick jobless husband to pay 5000 every hearing !!

Monthly maintenance and that too at interim stage is the worst millstone around men’s neck. In yet another case exemplifying this sad situation, a sick and jobless husband was told that HE HAS TO WORK and he HAS to earn, so that he can continue to pay his wife !! The poor fella has to pay 5000 per month in addition to fighting multiple cases and taking care of his kids

You Say You’re a Homemaker But Where’s the Home, SC Asks Unemployed Husband

The bench ordered for consolidation of all the cases between the warring couple and directed the judge-in-charge to ensure cases are not scattered over various courts.

Utkarsh Anand | CNN-News18

Updated:February 28, 2018, 9:01 AM IST

You Say You're a Homemaker But Where's the Home, SC Asks Unemployed Husband

File image of Supreme Court. (Image: PTI)

New Delhi: “You say you are a homemaker but where is the home to make?” the Supreme Court asked a man while hearing a bunch of matrimonial dispute cases.

A bench headed by Justice Kurian Joseph was adjudicating the dispute relating to multiple litigation between the estranged couple when it asked the husband about what he does for a living. “I am a homemaker,” said the man.

“You say you are a homemaker but where is the home to make? You have been fighting with your wife for years and children are also suffering. Where is the home?” Justice Joseph asked him.

At this, the man cut a sorry figure, saying he has tried a lot but it looked very difficult to reconcile with the wife. Justice Joseph then reminded the husband that he could not remain a homemaker anymore.

“You will have to work…earn. You have to maintain your wife, two children and then conduct four cases. You must start working now,” the judge said.

The man replied that he had undergone surgeries and had a severe medical condition.

“That is okay but you cannot afford not to work. You even have the interim custody of two children. So do whatever work comes your way and earn,” Justice Joseph said.

The wife, who was also present in the Court, expressed her difficulties in fighting different cases at different places in Kerala.

Acknowledging her problems, the Court said that it would be better for both the parties if all cases, which include custody battle, divorce, alimony and cruelty, should be heard on the same day in the same court premises.

The bench then ordered for consolidation of all the cases between the warring couple and directed the judge-in-charge to ensure cases are not scattered over various courts.

It also asked the husband to pay Rs 5,000 for transportation and other allowances to the estranged wife for every date of hearing.

source

Don’t tell me we need more awareness. there’s enough already and it’s time to act !!

Don’t tell me we need more awareness.

News papers, TV debate shows, FB, Twitter, Street corners, everyone talks of how women cheat, how women file fake cases.

Judges have repeatedly spoken about misuse of 498a. 1000s of blogs and FB pages exist on #fake498a #fakeDV #maintenace #Jailbail Industry.

Regional language media regularly posts info on how women kill their husbands to elope / live with lover-boys. National media is full of Indrani Mukerjea type cases.
#fakeCases are now a mainstream issue

#thirdWaveFeminism is not a holy cow any longer. It’s being kicked around the world.
So, awareness IS there … We are drowning in awareness!!.

IMHO What we lack is the willingness to think before marriage and the willingness to fight after falling into a trap

I’m confident that this will change

i’m sure that the tide will turn
It’s just taking time as we continue with the march
#My2Cents #RiseUpIndia