Sunday, 5 July 2015

Jobless not ground to deny Maintenance by Husband, but Jobless a Ground to claims Maintenance for wives?

Question of LAW:
  1. Multiple maintenance cases, CRPC125, Section24, and Domestic Violence act had been filed on me, what should I do?
  2. If Jobless not a ground to deny Maintenance by Husband, how Jobless a Ground to claims Maintenance for wives?

This are the questions our SC never answered, so what answer you can give?
In-spite our constitutions say, a person can’t be punished twice for same offense, but such multiple cases filed against Husband and neither SC or Law makers had taken any step.

As we know there are no direct formulas, by which you can get relief, but to reduce some excessive damage, must understand some rules of Maintenance cases in India :

          Natural Justice says, she will get maintenance under one case only, but you will have to fight all of them and if any order had been passed in any cases, have to submit the same in other case. Still some Judges will prefer to pass extra amount, that’s the risk you have to bear as a Husband of India.

           Keep proofs of her Educational Qualifications, Job, FD, Valuable items, Property, Bank account, PPF, PF, ITR, PAN, Mobile Bill or any Purchase bills Etc

           Concentrate on “Unclean Hand” and abuse the Process of LAW, contradictory statements by your wife.

           Focus on your liabilities and responsibilities than try to reduce your income.

           File written arguments, Use Citations where maintenance had been denied to wives, very few but will get some in Gogol search and join “SIF Yahoo group”, people will try to help you.

           Get rid of your movable/immovable assets in a planned manner.

           Do NOT leave the Job or try to hide salary in court. Never Say “I am Jobless “, must say I do this Job and earn this much, let it be 1K or 10000K, supported by strong documentary evidence. Earning less is not a crime but not earning is a crime for men in India in the eyes of law.

          Don’t; give a chance to Judge to make any assumption of your income, when your wife claim your income too excessive than your actual income.

          Try to  Increase your Income, earning, do not afraid for monthly maintenance, as opportunity does not comes every day, when it comes grab it.

           Use CrPC 91, Evidence act 106 and CrPC 340 more extensively.

           Make List of some Trust / School / Old age home / Child care / NGO / Company where she can work instead of sitting idle in home.

P.S. This are some basic guidelines, cases to cases may differ. You may Join“SIF Yahoo group” for more Knowledge and review your situation.

Photo Courtesy by Mark : Free Help Line for  Men

Few days back in our weekly meeting a distressed Man asked with reference to some unfair order by Delhi High courts in line with SC order, that Jobless can’t be a ground to deny the maintenance by husband. 

If Jobless not a ground to deny Maintenance by Husband, how Jobless a Ground to claims Maintenance for wives?

Did court make any effort to provide a Job to Husband and Husband refused to do the same? You have well established law if a person accused in any criminal cases and pending or spend more than 48 hours in Jail , he is suppose to lose his job. Did our court made any effort to abolish such unfair law of land or tried to correct for common citizen of India ? If the answer is No, then why Judges are trained to make assumptions that a Husband can't loss his job when accused in 498A , Domestic Violence act or any other criminal cases ?

That’s the unfair laws of India and promoted by Indian Judiciary system also. If you are Jobless court will remind you about the minimum wages rate, you came to court with unclean hands , hiding facts and will keep punishing by putting high amount of Maintenance, with a assumption based your income it can be beyond your imaginations.

But when a well educated, physically fit wives, claim she is Jobless, judiciary totally ignore and forget all logic and natural justice system. 

they forget there is a minimum wages act for women and will happily order the cute “Interim Maintenance” which will be beyond your capacity to pay along with huge arrears and many husband get trapped in a No man’s land.

After Interim Maintenance order, if husband fail to pay the same, he can’t get any relief form HC / SC also via review/revision petition , as the same will be reject  with simple logic, first pay all dues then will consider your application. Now you will take loan or pay the amount to judge to hear the petition, still there is no grantee that you will get any relief. Judges will not give any stay on any unfair order and keep pending your petition years. Judge will neither reject your petition or will dispose of the petition. 

We have witness many such cases how injustice had been done to Indian Husbands subject to extortion.

There is a man in Delhi named Sandeep, his working wife file a maintenance application in 2010. Sandeep submit all his income proof of 10K per month along with the plea of her wives working details. But Judge ignored the same and make a assumption that he earns 50K per month and order 20K Interim Maintenance ( 12K for wives + 8K for child ) . 

Sandeep prefer to file review petition by mentioning that Judge that ignored the blind lie of his wife and also file CRPC340 to take action against her. Even in reply, his wife accept in court that she had lied and take plea that let 12K maintenance can be rejected, but 8K for child to be continued. Still Judge had not moved the application of CRP340 and prefer to keep in pending file only.

Now the real game starts. Wife keep absent from court date and judge keep pending all application pending for last 5 years and the arrears keep increasing. Now he is in No man’s land.

Neither can pay the pending lacks of arrears and if he do not pay, Judge will not move the case further and his liability will keep increasing. 

This is not one case, there are number of cases, where wife blindly lie in court and judge prefer to ignore the same and order Interim Maintenance on assumption based income of husband and as Husband unable to pay the same, years after years no relief provide on their revision/review application, forget about taking any action via crpc340 against wives.

Now the problem does not end here, such wives will be allowed to file again maintenance case in other sections of LAW, as there is no restriction how many cases she can file. Result every day we witness the abused, distressed husbands running from pillar to post.


Recently some Journalist from Poland came to us for a Interview to understand the effect of “Feminist movement in India “ and asked me , why they see  so many well educated , healthy Indian women sit ideal in home than working? 

I just smiled and say, please import Indian maintenance laws to your country, and then see how many women will prefer to work in your country. In India , as soon as a women get married , she is eligible to get lifelong maintenance, just she have to cry , My Husband abuse me or done Domestic Violence, let she married for 1 day or 100 days.

When women can get free monthly maintenance for life long and no one question why you sit idle, then how you can expect they will join our work force? 

Photo Courtesy by Mark: Men are Human too

My appeal to Chief Justice of India and Law Makers:

Time to come out from #Misandry mindset and stop promoting laws and passing judgments on basic #WomenNeverLie or  #WomenNeverCheat.

1.       Interim Maintenance should not be continued for Years after years, the time limit to be specified.

2.       Strong action against Judges who keep Pending CRPC340 application years after years, without taking any action.

3.       Minimum Wages act for Women also applicable, don’t forget that.

4.       Duration of marriage should be a major consideration.

5.       Review/appeal against unfair order should not be refused on the ground that first pays all dues, then only your petition to be herd type absurd logic.  If he is able to pay dues, why he should come to you?

6.       Those claim Jobless, husband or wives, court must ensure they get some Job at least in free Social area instead of sitting idle.We have enough shortage of teachers in school, shortage of nurse or doctors in Hospitals, shortage of traffic police in Road, shortage of care taker in old age home and child care, to name some few.

Time to consider the two Question of LAW as Men’s are Human too: 

  • Multiple maintenance cases, CRPC125, Section24, and Domestic Violence act had been filed on me, what should I do?
  • If Jobless not a ground to deny Maintenance by Husband, how Jobless a Ground to claims Maintenance for wives? 
  • The article Published at SaddaHaq  
  • #Scrap498a & Stop #Fakecases - YouTube



Partha Sadhukhan said...

Indian judiciary is completely biased against men. Even adulterous women are awarded maintenance. It is shame to live in this country. As an educated man, if I marry a poor or uneducated girl out of love, then I need to bear her luxurious lifestyle for my entire life. Also her parents can be added into this if she wants to extort money. Under such circumstances no one should go for easy maintenance.


Anonymous said...

The basic human tendency is to try and get money for nothing.

The HR of companies say women are not allowed to work. But fact is, when a woman has a life time ATM & slave at her disposal she has no incentive to work.

Varun said...

Is there any law, which says than Person will loose the Job if spent more than 48 hrs in Custody?. Is this only for Govt or Private?.

What's the impact of Matrimonial Cased on person's employment in Private Sector.

Swarup Sarkar said...

Yes all govt Job service rule mention more than 48hrs denention suspension from Job. In case of maximum corporate PVt comaney prefer to avoid give job who hv pending criminal cases. They suspend employee on grond manupulative reason performance not good or ask regisniation with notice period. In pvt company no safe gurd for emplyee like govt job. So for pvt company sack employee much easy.

Swarup Sarkar said...

Hope u hv seen the progm was telecasted on &TV how a teacher was removed from Job by Pvt collage management. We hv many such jobloos in pvt comany but court ignore the same.

Anonymous said...

1) We should demand upper limits of maintenance statewise as it used to be earlier.
2) We should demand time limit for which maintenance has to be paid. In this time period, other spouse should find some work to support her/his living. If maintenance laws are lifelong, there will be no sincere effort on part of idle spouse to do some work and support her/his living.
3) And this is the most dangerous thing which is going to increase exponentially in our society as more and more women get educated on misuse of laws. Women would prefer to marry good earning men, then separate from them after getting a child and then file maintenance cases for herself and child and enjoy independent life without need to do any work and without any liabilities with a handsome lifelong maintenance from her husband.

ab said...

A wife should be entitled to maintenance only to the extent she has contributed to the husband's income. If contribution is nil there should be no maintenance. Why a husband's should toil day and night to pay maintenance to wife for sitting idle. Does any organization give its employee any salary foo sitting idle?

Anonymous said...

Blogger is using "logic" and being higly rational. The problem is not courts but laws (as pointed out in one of your earlier blog). Everything has been left upon judge's discretion, which is really bad. If you don't have a law that clearly mentions "working woman means no maintenance", then one judge or another will grant maintenace to working woman. In Delhi income affidavit is must, but false affidavit (unclean hands) by woman attacts no punishment because again judge's descrition.

Indian authorities, I am sorry, but have no idea how to make laws. A cruel law like 498a has been defined in half paragraph with ZERO scenario. Maintenance laws which are straight forward in most civilized coutries in Europe has been left for judges to deceide because law drafting bodies are simply too lazy.

neeraj juneja said...

Good article.

Anonymous said... someone taking this to government to change the law....let us form or join the group who want to change the voting and it's count matters a lot....any news anybody know??