NEW DELHI: A woman with sufficient income to support herself may not need a court order for receiving maintenance from her estranged husband, the Delhi High Court has said.
The court's observations came while setting aside a family court's order to grant maintenance in a matrimonial dispute to a woman who was earning a salary of Rs 80,000 per month.
"Where a wife has no income or is without any support for maintaining herself, the court has to pass an order considering the income and living status of the husband. However, where the wife and husband both are earning and having good salary, an order is not required," Justice S N Dhingra said.
On July 25 a city court had directed Satish Kumar (name changed), the woman's husband, to give Rs 7,500 per month to his wife Sunita (name changed) as maintenance following their matrimonial discord.
Setting aside the family court's order, Justice Dhingra allowed a petition filed by Satish contending that the family court had wrongly granted maintenance to his wife despite the fact that her income was sufficient for self-maintenance and she did not have any other responsibility.
The court accepted the wife's salary slip of February 2007, according to which her gross salary was Rs 80,000 per month and said "a person who is earning this much of salary can very well maintain herself with such a standard which may be envy of many and under no stretch of imagination it can be said that the income earned by her was not enough to maintain herself."
Such type of abuse of Indian Legal Process and extrotion of money form husbands family had became a reguller features in our Legal System and our LAW makers prefers to keep the blind eye. Result we wittness the Legal Terrorism openly in fornt of Police/Judge/media/office and the extrotion at top of the hill and our NCW desprate to even add the same in the name of Live-in-relationship also.
From the court record it is evident, maximum women who are well educated, working and healthy to earn themselves rush to the court and want money form the husband, but do not forget to file another criminal case (like 498A DV act), mentioning that their husband ill-treat them for money, but they themselves openly demanding money as a legal extortion and that is not a crime in India. Further to note, if a women earn the money and husband due to some any reason not able to earn the money, even if he is ill or any other condition, he is not eligible for any maintenance form the working women, irrespective he had earned lacks of rupees and given to his wife.
So the question arises: Is Indian Husband is a Free ATM Machine for Indian wives?
It is here to mentioned that, presently a women can claim maintenance form three different Law, like section24, Crpc125 and Domestic Violence act. This totally abuse of Indian Judiciary System, as for the same purpose, three different case filed and this not only wastage of Judiciary man Power, it is violation of Indian constitution, as it clearly mentioned, for the same offence a person can't be punished more than once. Then why 3 different maintenance cases against a Husband, if at all considered the Husband done any offence?
So, save family foundation, strongly oppose such "dadagri of NCW" by Ms.Girija Vyas and request our Lawmaker to act immediately amend the CRPC 125 as under:
- The word men/women to be replaced by the word Person and husband/wife to be replaced by the word Spouse.
- A well-educated person should earn their live hood by their hard work instead of treating others as a Free ATM machine.
- The word "living-in-adultiry" to be replaced by the word "living or lived in adultrity" during the relationship of both the partner, should not be entitled for any maintenance from each other, as it is a criminal breach of trust and cheating.
- If any one filed the maintenance under crpc 125, the person should not be entitled to file or claim any other maintenance case under section24 or DV act.
- The maximum Limit of Monthly Maintance to be fixed as per Common people's Living Standard only, instead of No limit.
This is called the present Justice system in India and equal right in India.
For a wife even adultrity also is not a crime (it is a rewarding option and free money earning business for the whole life), but for a man even an allegation of "Name-calling" is crime and not only the man, his mother/sister/age-old father also can be put behind the bar under 498A or DV act.
Indian men are still sleeping and not able to understand the dirty game plan of those Radical orginasations for thier own personnel benifit ( divorced and live-in-realtionship women) misusing the provision of Indian Constituion to such a extant the Gender War is coming . Allready the Instituion of Marrage had been killed, harmoney at work place disturbed now the time to destory your own basic right to live and liberty also.
Indian Men just a Free ATM machine nothing else!!!!
We immediate demand to Indian Goverment for formation of "Men well fare ministry" to stop such dadagri of NCW and stop treating the Men as Free ATM Machine and immediately sack the present NCW chair person , who is misusing her power to just full fill her own personnle benifit.