Showing posts with label how to deny maintenance to wife. Show all posts
Showing posts with label how to deny maintenance to wife. Show all posts

Monday, 13 July 2015

Indian alimony laws: Not Anti-men?



In the Hope4Men Work-Shop organized by SFF in association with Hridaya , one can witness many cases that make you wonder, like a husband facing fake/fabricated allegation by his wife that he dumped her for the reason that she was carrying a girl child.




But when child actually born it found the child is boy, not girl. Till date no court able to punish her for her such blind lie documented in women cell as well in court petitions.

Hope for Men Work Shop , Delhi



But the major problem had been witness, how Indian men facing extorting of money legally as well illegally start from wives, police, advocates and even by some court staffs also along with Fear of arrest, fear of losing Job.


Except money, money and money, everything else failed to make their wives happy.



Out of 200 cases, found only 3 cases where the wives had not demanded any money, rest all cases wives are openly demanding lacks of rupees in front of judge, police. But none had termed the same as extortion or blackmailing.

It reminds me the wonderful advertisement of Pay-Tm. The advertisement maker nicely captured, in India how from a child hood a men’s role had been defined as Provider to women irrespective of the women’s age, education or working status.


Story:
Story: The man is in a hurry, as he is getting late to work. But, his sister has to tie a Rakhi on his hand. The man, somehow, complete the ritual, and runs as fast as he can. The sister says, "Kaisa Bhai Hai?" (What type of a bother he is?)
In the next few minutes, her mobile rings, and she sees the message that her brother had sent Rs. 2000 via PayTM. On receiving the message, she says: "Itna bura nahin hai" (He is not so bad), with sweet smile.



The advertisement done well impact to Indian , as that’s the mindset we live in, a man is provider and if he failed to do so, he will be termed as useless men. The same kind of mind set maximum women carry forward  and imply to their boyfriends or husbands also.

Bottom line as long as men is provider and keeps paying your bills; he is not a bad guy. But for any reason he is unable to pay your bills or refuse to pay due to your wrong doing , the man will be termed as criminals, via various anti-men law like crpc125, molester, rape, wife beater, dowry seekers a long list of IPC.

We was having a balanced gender neutral maintenance / alimony law section 24 , but some Misandric mind set of law makers prefer to form another law called CRPC125 , with a intention to provide some interim relief to women and child ( forget the word Men) and the cap was Rs.500 per month. Then the same increased to Rs.1500 per month.

But the same cap now removed and made unlimited. Result the basic intention and purpose of law had been changed. In maximum cases in the name of Interim maintenance husband’s 30 to 50% income had been stanch way without considering the merit of case and then the case dragged years after years.

Maximum cases the wife’s earning, assets, ability to work, her education always ignored. So, without provide any support or care of husband, she is eligible to get lifelong maintenance in the name she got married.

When law was made there was a clause, if the women found lived in adultery the maintenance should be denied. But the same also tampered and the word “Lived” had been changed to “Living” by some crooked organizations and fooled the law makers. 

The impact of a single word like change from “lived” to “living” leads to a situation where even you caught your wife red handed in adultery and then submits all evidence to court with a hope to get justice. But wife’s a simple word, I am not living in adultery and your entire defense have to go for a full toss and judge will happily throw your petition out of court.

Now the harassment does not end here, there are DomesticViolence act and there also the same principal of CRPC125 apply. Another law for women only (law makers again forget the word Men & Spouse) and the in the name of interim relief it continues without merit of cases.

So, the basic purpose of Interim relief had been abused and the chances of review of any wrong/biased order also had been stopped by HC /SC in various judgments, first pay then will hear your petition.
A gross abuse of the above law is evident from the courts room filed by various wives, against her husband. Even though the lady although working in —– has deliberately  hidden this fact in  the court case and has mentioned that she is not working or became Jobless and living permanently with her parents or relative, just to get maintenance from the courts from her husband.  

Courts used to avoid making any effort to find her all assets/income/ITR details by using CRPC91 before passing any interim order.

Even a small child also will be finding difficult to justify such ideology: When a wife is not staying with her husband, she is not taking any responsibility of marriage, then how can she just sit idle and keep claim maintenance for life-long irrespective of her duration of marriage?

That’s the perfect reason many western country limited the alimony/maintenance linked for Limited time ( like for 3 years or 7 years) depend on duration of marriage. Un fortunately our Indian law makers failed to understand the same and keep making multiple laws and twisting the existing laws without put any long term vision or effect.

"What's sad that we even witness many lob less man who can’t find a suitable job is also forced to pay a woman who is working by taking loan or taking money from their age old parents," says Amit a 38 years guy of Delhi.

Amit is part of a growing movement pushing for changes to alimony laws via represent to member of government authorities, but till date going to deaf years.

He added , it’s time to make new single alimony law considering different types of alimony with varying durations, depending on length of marriage and the finances and assets of each spouse than continue with present multiple laws for a same relief.  

Many Advocates for changing alimony laws argue that they need to be updated to reflect 21st-century marriages. They say that judges have too much discretion in divorce settlements and often order Husband (their only crime they earn well) to pay lifetime alimony to wives even if she is capable of supporting themselves.

"There need to be limits to the duration of alimony and caps on the amount you pay," says Mukul another Volunteers of SIFNetwork .Tom  "You could be married at 25, divorced at 35 and spend the next 50 years paying alimony. There should be consistent treatment across the board where you can predict what's going to happen based on law, not a judge's arbitrary decision."

"In a country where there is lifetime alimony, there seems to be a presumption that the person who receives alimony never has any obligation to take care of herself — even if she is educated, healthy or even have past work history,” even  some women like Shilpa added.


Number of times SIF network represented to various government authorities with suggestion to come out from Misandric mindset that let the man beg, borrow or steal, but it’s your responsibility to feed your wife rest of the life irrespective of any reason.

Summary of suggestions made: 

1.      The multiple maintenance claim to be stopped immediately as even a murder caused can’t be prosecuted by twice for a same offense.

2.      The word husband/wife to be replaced by Spouse.

3.      Interim maintenance to be caped and time limited instead of unlimited and drags for years after years.

4.      The word “Living in adultery” to be replaced by Lived or living in adultery, as person can’t take advantages of her own wrong doing.

5.      No one should be allowed to sit idle, if they can’t find job, must be ordered to work at least 8 hours in a day for various social community service like many country have.

6.      Government must allocate funds for destitute men or women at least for 3-years, where other partner can’t provide financial support.

7. Urgent need of Income Tax relief as paying alimony / maintenance is UN-avoidable expenses.


So, what are you’re thought regarding our Indian anti-men, Misandric multiple maintenance law like crpc125/Domestic Violence act / Section 24, would love to here in my comment section.



Four-fold hike in no. of Indians ending lives: Study





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 Google search and join SIF Google Email 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 idle 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: 


Every Men in India are under high risk of #Fakecases at Home, Office, Road due to multiple anti-Men #Unfairlaw - which became Blackmailing/Extortion Tool. To survive or #FightBack knowledge is Key. Law is not any rocket Science. Buy & start Read Law Books Now!



  • 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