And, lastly, he has contended that by taking into consideration these deductions a meager amount remains avialable for his expenditure. 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. This is supported by the appointment letter Annexure P-3 dated 3. The applicant failed to establish any allegations against her husband. The petitioner is wife of respondent Indermeet Juneja. Law can never be wrong.
Whether a spouse who has capacity of earning but chooses to remain idle, should be permitted to saddle other spouse with his or her expenditure? 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. In the start of our marriage things were okay but after a few months she starter to have quarrel with my mother and disrespected her on several occasions and when we call her father to say it,she always said, she never said anything like this. If the husband has to maintain other persons like his parents, etc. Kingaonkar No maintenance to wife. Whether a spouse who has capacity of earning but chooses to remain idle, should be permitted to saddle other spouse with his or her expenditure? The petitioner has submitted that earlier she was working with Met Life Insurance Company since the birth of her child. Economic abuse essentially means where the wife has no means to survive financially due to the wilful negligence of the husband. I have heard the arguments addressed on behalf of both the parties and perused the record carefully.
This smells of oblique intention of putting extra financial burden on the husband. The onus lies solely on the complainant Wife to substantiate these allegations by leading cogent evidence in this regard. Section 24 of the Hindu Marriage Act makes a provision for award of interim maintenance to a spouse who has no independent income sufficient to support her and fight the legal battle. There shall be no orders as to cost. Maintenance is granted only to minor Child. Now I plan to put a section 200 case as I have evidences.
Working wife is capable to maintain herself. In order to curb uncalled for and frivolous litigation, the Courts have to ensure that there is no incentive or motive for uncalled for litigation. Till 1994 she was serving in Gulamnabi Azad Education College. Section 24 is not meant for creating an army of such idle persons who would be sitting idle waiting for a 'dole' to be awarded by her husband who has got a grievance against her and who has gone to the Court for seeking a relief against her. I Govt of india proposed a marriage amendment bill that will harm all males and husbands.
The spouses who are quarrelling and coming to the Court in respect of matrimonial disputes, have to be guided for the purpose of amicable settlement as early as possible and, therefore, grant of luxurious, excessive facilities by way of pendente lite alimony and extra expenditure has to be discouraged. Her claim that she has no sufficient means to support herself and children had been dealt with by the learned Judge Family Court noting that the parties had been indulging in jugglery of accounts making the things complex. It is stated that he has to maintain his retired father and ailing, diabetic mother and old grandmother and also to treat his two married sisters and to look-after his younger unmarried under-education sister of marriageable age as his younger sister is doing B. Can she ask for the Interim Maintenance? If supported by medical records her application of 125 Cr. 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. She has been relieved pursuant to her resignation letter dated 17.
A lady who is fighting matrimonial petition filed for divorce, can not be permitted to sit idle and to put her burden on the husband for demanding pendente lite alimony from him during pendency of such matrimonial petition. The Principle judge family court has also refused for maintenance. Expenses necessary for litigation has been awarded to the tune of Rs. In the present case there has been debate between the spouses about their respective income. All these Acts are to be read in conjunction with one another and interpreted accordingly.
Whether a spouse who has capacity of earning but chooses to remain idle, should be permitted to saddle other spouse with his or her expenditure? He assures the Court that he will ensure good education for his children and bear the additional burden in terms of increase in school fees, transport allowance etc. The law does not help indolents as well idles so also does not want an army of self made lazy idles. Devaki High Court of Madras while construing the provision of Section 24 of the Hindu Marriage Act and relying on its earlier decision reported as 2002 2 M. As I said I have a tape and few emails which prove I am trapped. Everyone has to earn for the purpose of maintenance of himself or herself, atleast, has to make sincere efforts in that direction. 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.
Act is not to extract money from the other party and the court should not be a forum to extract the money or to blackmail the other party. A lady who is fighting matrimonial petition filed for divorce, cannot be permitted to sit idle and to put her burden on the husband for demanding pendente lite alimony from him during pendency of such matrimonial petition. Such attempts are to be discouraged. He should continue payment of Rs. They can not be exposed to such danger on account of such fighting parents.
He has also detailed by contending that Rs. He has contended that Rs. No maintenance to wife if wife lies or deserts her husband. Her parents had to bear her additional expenses, the application claimed, and demanded maintenance from her husband. It appears that the parties as well as their family members have been indulging in jugglery of accounts, making the things complex. Wife Mamta is contending that Rajesh, the husband is having salary of Rs. She is well qualified woman once upon time abviously serving as lecturer in Education College.
Can I say in the court that she is highly educated and capable to do a job so she can not ask for the Interim Maintenance from me. Rajesh Jaiswal with respect to award of interim maintenance under Section 24 of the Hindu Marriage Act to a well qualified spouse having the earning capacity but desirous of remaining idle. Hindu Marriage Act, 1955, Hindu Minority and Guardanship Act, 1956, Hindu Adoptions and Maintenance Act, 1956 and Hindu Succession Act, 1956 constitute a law in a coded form for the Hindus. Since the veracity of her allegations required to be tested with the evidence and prima facie appellant had not approached the court with clean hands, therefore, she was not entitled for any interim relief. What is interesting to note that he is unemployed, does not work at all and claims to be maintained by his parents like his sister Applicant herein.