Nitish Banka

    • Maintenance judgements against earning wife….

    Section 125 of the Code of Criminal Procedure, 1973 (CrPC) requires a husband to support his wife (who is otherwise unable to maintain herself).

    Maintenance is the amount provided by the husband to the wife and child when they are unable to maintain themselve.

    But nowadays, when wife is earning then aswell she files maintenance case against the husband to extort money…

    Earlier most of the women are housewives and unable to maintain themselves and thats why this provision is added to safeguard the interest of women…

    This provision has now became a part of wrong legal practices which are made to harass the  opposite party …

    There are various aspects observed by the court while granting maintainance. Questions which are asked by court before granting maintainance are –

    Q. what is the job of the husbanQ. How much husband earns?

    Q. What is the job of the wife?

    Q. How much wife earns ?

    Q. what is the difference between income of husband and wife?

    If husband earns less than wife and there is good difference between income of husband and wife then there is fare chances that court deny to grant maintainance to wife……

    Even if wife is unable to establish the income of husband claimed by her then as well court may deny to granting of maintainance to wife…

    Case laws where court denied maintenance to earning wife and wife who failed to establish income of husband claimed by her…

    • Sameer Datta Kadam v. Supriya Sameer Kadam, 2019 (2) Hind LR 225: 2019 (2) DMC 33 (Bom)].

    Wife failed to establish the income of the husband……

    In this case husband seeking divorce under the provisions of Section 13 of the Act 1955 and wife claimed maintenance against him but court dismissed the petition holding that she was capable to earn to maintain herself. In the application wife alleged the income of the husband as Rs. 75,000/- and averred that she had no source of income. Admittedly she was being paid fellowship by the University Grants Commission, at the time of filing the application.Stand of the wife was false to her knowledge. There was no evidence on record to establish the alleged income of the husband. The applicant had not approached the Court with clean hands and could not establish the income of the respondent so as to justify the claim of maintenance. It was held that there was no error in rejecting the application of the wife by The Family Court. Appeal dismissed by the court.

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    • Gaurav Sharma v. Medha Vashishth, 2019 (5) RCR (Civ) 986: 2018 (S) Law Herald 2323 2018 (3) Hind LR 399 (P&H)].

    Maintenance of the wife was denied who was running the business of garments, purses, accessories having staff of about 8 to 10 boys and girls-Not entitled.

    In this case husband denied the claim of wife contending that her claim was based on false grounds-It was denied that she was dependent upon her parents and having no source of earning-Wife concealed the true facts that she was running beauty parlor where she was operating a unisex saloon and cloth house and also was running business of garments, purses, accessories, temporary and permanent tattoos and piercings etc-Husband also proved that she was having two mobile numbers, and had got a staff of about 8 to 10 boys and girls working in the parlor-As such she was having an earnings of about Rs. 50,000/- per month-She was not dependant and thus, the provisions of Section 24 would not be attracted. Application of wife rejected by the Court below affirmed and appeal  was dismissed.

    CONCLUSION..

    In marital conflicts, the maintenance idea aims to return the woman to the same level of comfort and lifestyle that she had before the marriage. In India, there is no set amount of maintenance that a husband must give his wife, and the amount of maintenance that the husband must pay, whether monthly or in one lump payment, is determined at the discretion of a family court. Wife maintenance is a tricky topic under the Hindu Marriage Act, 1955, and it has been regarded as a manner of taking advantage of the husband by asking for food for life. Thus, the judiciary is the only reliance in such matters and therefore the purpose behind this article is to highlight the view of the Supreme Court of India with respect to maintenance of the wife by their husbands.

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