Wednesday, 29 July 2015

Re: [SaveIndianFamily] SC judgment on Maintenance

 

here is the SC judgement that you can think of using(pls read through the entire judgement because maintenance was ordered in this case but conditions were also specified to get maintenance)

Chaturbhuj vs Sita Bai on 27 November, 2007
http://indiankanoon.org/doc/1720873/

6. Under the law the burden is placed in the first place upon the wife to show that the means of her husband are sufficient. In the instant case there is no dispute that the appellant has the requisite means.
7. But there is an inseparable condition which has also to be satisfied that the wife was unable to maintain herself. These two conditions are in addition to the requirement that the husband must have neglected or refused to maintain his wife. It is has to be established that the wife was unable to maintain herself.

On Thu, Jul 30, 2015 at 4:34 AM, Preet Pal preet.pal48@yahoo.com [saveindianfamily] <saveindianfamily@yahoogroups.com> wrote:
 

 
 
image
 
 
 
 
 
Delhi sessions court asks woman to find job within a yea...
In an encouraging development for married men – and maybe women too who don't believe women should be living like parasites – a Delhi sessions court has asked a...
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This judgment is from the sessions court, not from HC



On Monday, July 27, 2015 3:19 PM, "aturchatur@yahoo.com [saveindianfamily]" <saveindianfamily@yahoogroups.com> wrote:


 
If u are from Delhi, then search Sep 2014 judgment from Internet where the HC Judge told the qualified wife to search a job within a year & if NOT then after one year her maintenance will end.

GO ON LAW POINT.
If u do NOT have judgment but you have the LAW POINT then try to focus on Lego-Technical Aspects. Use RTI on COURT to ask questions which might help your case specific
 
User avatar
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur 

Mahatma Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET" 
alt498A
 
There are no provisions in law through which engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate. You may plead case of your relative in court after securing power of attorney from your relative subject to permission of council of 32 of Advocate Act.

Disclaimer:- I am NOT a legal expert. Please consult lawyers or other experts before acting on the advise.

Thanks & Regards
 
Atur Chatur
498a Victim cum RTI Activist


From: "Akash K akaash.mra@gmail.com [saveindianfamily]" <saveindianfamily@yahoogroups.com>
To: "saveindianfamily@yahoogroups.com" <saveindianfamily@yahoogroups.com>
Sent: Monday, July 27, 2015 12:12 PM
Subject: [SaveIndianFamily] SC judgment on Maintenance

 
Fighters,
Does anyone know of any judgment by SC, similar to mamata jaiswal judgment of  MP HC, in which SC has held the same thing that is a well qualified wife, though non-working, is not entitled for maintenance? I tried searching for it internet but judgments I found are by HC or district courts.





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