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.
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:
This judgment is from the sessions court, not from HCOn 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 specificVidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko AturMahatma Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"498AThere 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 ChaturFacebook: http://www.facebook.com/atur.chatur498a Victim cum RTI ActivistTwitter: twitter.com/aturchatur
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.
__._,_.___
Posted by: Imnindian Imnindian <imnindian@gmail.com>
Reply via web post | • | Reply to sender | • | Reply to group | • | Start a New Topic | • | Messages in this topic (4) |
***SIF*******IMP. NOTICE ********SIF******
CAUTION: All advice/help in SIF group membership/weekly meetings are free and no membership/fees are charged from any one, for the same. Recently it has been observed that some people/organizations are using resources of SIF network to collect money from new victims in the name of giving advice/help with a sugar coated membership fees/charges etc. We hereby caution all new/old members not to fall in such trap. SIF strongly condemns such activity and cautions everyone, not to pay any money to any one for getting free advice/help.
To reduce the number of emails you get from the group, you can change over to digest mode of email delivery(Which compiles 25 emails into one email, there by reducing the emails per day from this group),or Special notice to do this follow these instructions:
Go to: Edit Membership on the main page of group or click
http://groups.yahoo.com/group/saveindianfamily/join
Then change the Message Delivery option "Daily Digest" or "Special Notice".
or send an email to saveindianfamily-digest@yahoogroups.com
Some Reference Website:
www.saveindianfamily.in
www.savefamily.in
You can Join Twitter:
https://twitter.com/SFFNGO
https://twitter.com/SFFKtka
Helpline Number: 0-8882-498-498
Delhi: 9958987919
Mumbai: 8652843011, 9820241589
Chennai: 9840443555, 9941012958, 9445119559
Hyderabad: 9849778007
Bangalore: 7204074914, 9900541815
Kolkata: 9830151555, 8420200516
Mail your suggestions/inputs to Moderators at:
saveindianfamily-owner@yahoogroups.com.
Add your location here: http://groups.yahoo.com/group/saveindianfamily/app/peoplemap, so that we can know about the nearest SIF members location automatically.
CAUTION: All advice/help in SIF group membership/weekly meetings are free and no membership/fees are charged from any one, for the same. Recently it has been observed that some people/organizations are using resources of SIF network to collect money from new victims in the name of giving advice/help with a sugar coated membership fees/charges etc. We hereby caution all new/old members not to fall in such trap. SIF strongly condemns such activity and cautions everyone, not to pay any money to any one for getting free advice/help.
To reduce the number of emails you get from the group, you can change over to digest mode of email delivery(Which compiles 25 emails into one email, there by reducing the emails per day from this group),or Special notice to do this follow these instructions:
Go to: Edit Membership on the main page of group or click
http://groups.yahoo.com/group/saveindianfamily/join
Then change the Message Delivery option "Daily Digest" or "Special Notice".
or send an email to saveindianfamily-digest@yahoogroups.com
Some Reference Website:
www.saveindianfamily.in
www.savefamily.in
You can Join Twitter:
https://twitter.com/SFFNGO
https://twitter.com/SFFKtka
Helpline Number: 0-8882-498-498
Delhi: 9958987919
Mumbai: 8652843011, 9820241589
Chennai: 9840443555, 9941012958, 9445119559
Hyderabad: 9849778007
Bangalore: 7204074914, 9900541815
Kolkata: 9830151555, 8420200516
Mail your suggestions/inputs to Moderators at:
saveindianfamily-owner@yahoogroups.com.
Add your location here: http://groups.yahoo.com/group/saveindianfamily/app/peoplemap, so that we can know about the nearest SIF members location automatically.
.
__,_._,___
No comments:
Post a Comment