• Maintenance to wife in DV case in Maharashtra

My wife has lodged DV case against me and my parents in 2015 in Akola court. My wife is non-practicing lawyer and I am maintaining my fathers agricultural land and completely depends upon my father since before marriage. Eventhough, Hon. Magistrate has placed order to give Rs. 7000/- monthly to my wife as maintenance.Pl. sujjest me and give me SC, HC, and Session court of Maharashtra decisions for not giving maintenance to well qualified wife by unemployed husband. Thanking you Sir.
Asked 6 years ago in Family Law
Religion: Hindu

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11 Answers

Dear client

7000 is reasonable amount order for maintenance given by you but if you feel aggrieved you can file appeal in Session court. 

You can Search for judgements on Indiankanoon

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Hello,

MAT. APP.(F.C.) No. 143 of 2014. D/d. 5.9.2016.

Rupali Gupta - Appellant
Versus
Rajat Gupta - Respondent

 

It has been held that maintainence shall not be given to well qualified wife capable of maintaining herself. 

Smt. Mamta Jaiswal v/s. Rajesh Jaiswal
Madhya Pradesh High Court
Citation Author:- Justice J.G. Chitre
MPLJ 100 2000 (3)
Equivalent citation: II (2000) DMC 170

 

The Hon'ble High Court helds that "Well qualified spouses desirous of remaining idle, not working making efforts for the purpose of finding out a source of livelihood, have to be discouraged if the society wants to progress.
A spouse is well qualified, is not expected to remain idle to squeeze out/milk out  the other by relieving from him of his/her own purse by a cut in the nature of pendent lite alimony. 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 adversary by implementing the provision of law suitable to their purpose.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Even if you are in employed it does not absolve you from your liability to maintain wife 

 

2) you can file appeal before sessions court against interim maintenance order passed by magistrate in DV complaint 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

It is now well settled in law that educated and/or working women are not eligible for any maintenance. There are many high court and supreme court judgement in this regard. Many contradictory judgements also available.

So you can challenge the order. It will mainly depend upon the argument you made bofore the court based on the principles laid down by various high court and supreme court judgements.

It is advisable to hire some good lawyer for this purpose.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Smt. Mamta Jaiswal v/s. Rajesh Jaiswal
Madhya Pradesh High Court

Damanreet Kaur v/s. Indermeet Juneja
Delhi High Court.

https://www.google.com/amp/s/www.livelaw.in/amp/professionally-qualified-capable-sustaining-self-spouse-not-entitled-interim-maintenance-delhi-hc/

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

Jobless husband not to pay maintenance: HC


Ruling that an unemployed husband cannot be asked to pay maintenance to his wife, the Delhi High Court on Friday set aside orders of a Metropolitan Magistrate and then by an Additional Sessions Judge asking a jobless man to pay maintenance of Rs. 5,000 per month to his estranged wife.

The Magistrate had allowed the plea by the wife for maintenance which was later upheld by the Sessions Judge. The High Court order came on a petition challenging the two orders by the husband, Sanjay Bhardwaj,

The couple had married in 2007 and, according to the husband, it lasted only for three weeks as he sought divorce accusing the wife and her family of hiding the fact from him that she was suffering from a chronic disease.

Before the marriage, the husband worked in a company in Angola. However, after the marriage he lost his job there as he could not join back his duty due to seizure of his passport by the police here. He could not manage a job here as well.

When Bhardwaj filed the divorce petition, the wife lodged an FIR against him under the Domestic Violence Act and Section 498A (subjecting a woman to cruelty for dowry) of the Indian Penal Code.

Setting aside the two orders, Justice S.N. Dhingra said that while passing the orders for maintenance the presiding judicial officers could not take into account the fact that Bhardwaj was without a job.

Justice Dhingra further noted that both the husband and the wife were equally qualified and had the potential to earn. The wife worked in a multi-national company before the marriage.

Observing that no court can tell a man to beg or borrow or steal to pay maintenance to his wife in case of estrangement, Justice Dhingra said: ``No law provides that a husband has to maintain his wife, living separately from him, irrespective of the fact that whether he earns or not.’’

The Magistrate and the Sessions Judge had rationalised their orders asking the husband to grant maintenance to his wife on the ground of his past `handsome income’ when he was in job.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You can object on the point that she is a qualified lawyer and capable to earn and work and so maintenance cannot be awarded

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

A jobless husband cannot deny maintenance to wife, but a jobless wife can claim maintenance from husband and

A well-qualified woman sitting idle is not entitle to maintenance from her husband but courts have different view on this point, some agree some not. 

 

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

First of all if the court has ordered to pay any amount as interim maintenance you may have to obey the same without fail though you may prefer a revision against the aggrieved order.

There are various judgments by different high courts and supreme court too stating that the wife is not entitled to maintenance if she is highly qualified but sitting idle at home for the sake of maintenance amount from her husband. 

You may argue on this during the final and main petition for maintenance.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

It becomes the duty of the husband to maintain the wife as per Hindu law especially if she is not having any income to sustain her expenses.

She may be qualified lawyer but since she is not practicing law, there can be no income to her.

Just because someone is highly qualified cannot disqualify them from claiming maintenance from their husband if they are not employed and have no source of income to sustain their day to day expenses.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been dependent upon on your father for your daily expenses and your wife is a qualified one.
  2. There has been a recent judgment of SC stating that wife if not practising regularly then it can’t be said that she has been earning except if she is doing out of court lawyership which may be your case.
  3. If the wife is qualified and not working then also she can’t claim maintenance.
  4. You should challenge the order of the MM before the appellate court on the ground of its being erroneously.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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