HC gives guide lines to lower courts on maintainance cases

CHENNAI: The Madras High Court has instructed trial courts dealing with the cases of maintenance to follow the guidelines under Section 125 of Criminal Procedure code.
Justice S Vimala gave the instruction, while deciding whether a trial court should permit restoration of the petition for maintenance.
Through this, the wife could seek revision of compensation order on the ground that it was inadequate.
On a criminal revision cases filed by Vimala Sophia and her minor son, the Judge said trial courts could grant interim maintenance based upon the affidavit filed by the petitioners.
Petitions filed for interim maintenance shall be disposed of within 60 Days from the date of Service of the Notice to the concerned parties, the judge said.
The above provision would help to prove interim maintenance for women and also provide equal opportunity for the wife to contest the case, the Judge said, directing the trial courts dealing with the cases of maintenance to record the reasons if they are unable to pass the interim maintenance.
The courts dealing with such cases at the first hearing itself should make use of the provisions providing for the oral examination of parties to ascertain whether the dispute can be referred to alternate dispute resolution methods.
Vimala Sophaia sought the court to permit her to withdraw the endorsement made by her and for enhancement of the maintenance.
The trial Court has passed an order in 2009 to pay Rs 2000 per month by Vimala Sophia's husband to the minor son who is suffering from Deficit Hyper Activity Disorder.
Challenging the order she filed the petition in the High Court.
The Judge set aside the order of the lower court and directed her husband to pay Rs 10,000 per month to the son from 01.02.2012 till the disposal of both the maintenance cases as an interim measure.
The Judge also set-aside the order passed by the trial court not allowing the wife to withdraw endorsement made by her to the effect that she is withdrawing the case. The Judge then directed the Family Court, Chennai, which is dealing with the case to dispose of both the petitions. 

http://articles.economictimes.indiatimes.com/2013-09-07/news/41855041_1_interim-maintenance-trial-courts-minor-son 

Bill unfair on men

The Marriage Laws (Amendment) Bill, 2010, which was recently passed by the Rajya Sabha is inegalitarian and regressive. If passed by the Lok Sabha, it would be draconian as it would be oppressive for men.
If it is passed into law, it should be struck down under Article 14 of the Constitution, which guarantees equality to both men and women.
The proposed law is certainly gender-biased. There is no rationale whatsoever why the law should benefit women, and not men. It is absurd that in cases of “irretrievable breakdown” of marriage, half the self-acquired property of the husband can be claimed by the woman. It would be sensible to make changes in the proposed law so that only matrimonial property is divided, that is, the property acquired during the course of the marriage.
In most developed countries, the laws concerning divorce say that only the property acquired by the husband during the course of the marriage can be claimed by the wife.
In today’s time, there are marriages that last only a few weeks and at times a few days. In those cases it wouldn’t be fair to give half of the self-acquired property of the man to the wife.
This law would lead to fraud marriages. It will spoil the fabric of marriage. Men will become suspicious of women; a man would think the prospective wife is only after his property and will divorce him soon. This could encourage men to stay away from wedlock and get into live-in relations, which in India are covered under the law on domestic violence, but are not considered equivalent to marriage. This will create further problems for women.
Statistics suggest that more women are defrauded than men. In such cases, maintenance to the distressed woman should be sufficient and the proposed law should be changed accordingly. It doesn’t make sense to give maintenance to the woman if a marriage lasts just a few weeks.
In cases where a woman leaves her husband for another man and the children remain with the father, it would be really illogical to give the man’s property or even maintenance to her. If a woman is a housewife and the husband has been earning, she should rightly be entitled to the property acquired by them/him during the course of the marriage.
It will, however, be unfair if she gets the property acquired by the husband before the marriage or inherited by him. If passed, the new law will spoil the fabric of marriage.
This Bill says that though the courts will keep in mind the husband’s inherited property while deciding compensation amount, especially if children are involved, the share in the husband’s inherited property will not be given to the wife in case of divorce.
Why would the court not treat the wife’s property with the same yardstick? Would an aggrieved husband be entitled to the self-acquired property of his wife? This law is not gender neutral. By bringing these amendments, the government thinks that it is doing service to the pro-woman sentiment. But no one seems to have thought about the law. It needs to have some rationale behind it.
Geeta Luthra is a senior advocate (As told to Ridhima Malhotra)

http://www.asianage.com/ideas/bill-unfair-men-585#comment-47450 

Sakshi News

Maintainence law being abused by greedy persons

Court refuses maintenance to wife in domestic feud case

 Court refuses maintenance to wife in domestic feud case

The Thane District court has set aside an order of a lower court granting maintenance to a housewife and her child.
In his order, Additional Sessions Judge A P Raghuvanshi, on August 28, held that the housewife was not entitled to any relief under the provisions of Protection of Women under Domestic Violence Act, 2005.
The case related to one Ramji and Sheetal (names changed) who were married on April, 29, 2002 in Mumbai.
After 15 months of marriage, the husband had filed a divorce petition in the Bandra court on ground of cruelty, under section 13(1) of the Hindu Marriage Act, 1955.
He had stated in the petition that his wife was adamant, rude and quarrelsome and her conduct had led to the deterioration of their relationship.
However, before the counsellor, the wife reportedly admitted to her faults and a consent term was prepared and filed on January 1, 2004 and the couple started living
together.
Later, the wife, after taking into possession all the jewellery which she had received during the marriage, filed an application for maintenance and also filed a complaint under Domestic Violence Act, 2005 and lodged an FIR against her spouse.
The magisterial court then ordered a maintenance of Rs 3,000 each per month for the wife and their child.
The court also ordered the husband to return Rs 1.50 lakh, that he borrowed from his mother-in-law.
The husband and his parents then filed an appeal challenging the order of the lower court, which was allowed by the sessions court at Thane.
In his order, the judge observed that "all these allegations made by the wife clearly establish the probability in favour of husband that it is he who had tried to settle the
mater from time-to-time and he even resided separately along with the wife, but still the dispute continued between them".

http://www.indianexpress.com/news/court-refuses-maintenance-to-wife-in-domestic-feud-case/995400/ 

Lured by compensation money, more girls make 'fake rape claims'

Lured by compensation money, more girls make 'fake rape claims'

RANCHI: An Odisha girl, who earlier claimed that she was raped near Hatia railway station on July 23 and also that she was a minor, admitted to have cooked up the story to secure compensation after her medical reports false revealed that she neither raped nor was she a minor.

A team of doctors headed by Dr Tulsi Mahto conducted bone age test on the girl at Rajendra Institute of Medical Sciences and reported that she was 19 years old and three months' pregnant.

Counsellor Seema Sharma, who was appointed by Jharkhand State Commission for Protection of Child Rights (JSCPCR) for examining her case, said the girl admitted that she was not raped and had falsely implicated one Pappu Kumar to make her claims look genuine. She said, "The girl revealed that she has been married for the last three years but her husband left her, few months ago. She is pregnant with the child of another man who lives in her neighbourhood. She also said that she lied under parental pressure."

Jagganthpur police station OC Anil Kumar said an FIR had been lodged in the case but when the medical reports arrived and it was found that the girl was lying, the case was closed. He said, "Initially, we lodged an FIR in the case but when JSCPCR and the hospital informed us that the girl is an adult and she was lying about being raped we closed the case"

Member of JSCPCR, Sanjay Mishra said false rape claims have become common, these days. "When we were investigating the Pakur case, where four school girls were gang-raped and compensation of Rs.1.20 lakh was awarded to all these girls, local residents told me that I will get to attend a rape case every day thereafter. No doubt the very next day two girls returned from Delhi claiming that they were raped which turned out to be a fake case again," he added.

Mishra further said it is the compensation money which forces girls to lodge false rape cases under pressure from their guardians. "Under the Schedule Caste and Schedule Tribe (prevention of atrocities) Act, 1989, there is provision of compensating a rape victim with Rs 1.20 lakh," said Mishra.

He added, "In all such cases, it was observed that the girl hailed from to a very poor family and her parents forced her to lie for compensation."  http://timesofindia.indiatimes.com/city/ranchi/Lured-by-compensation-money-more-girls-make-fake-rape-claims/articleshow/21633414.cms 

पत्‍नी की किचकिच पर हुआ तलाक तो नहीं मिलेगा गुजारा भत्‍ता

पत्‍नी की किचकिच पर हुआ तलाक तो नहीं मिलेगा गुजारा भत्‍ता  

दिल्ली (ब्यूरो)। यदि आप अपनी पत्नी की चिकचिक और अन्य कारणों से परेशान हैं तो आप को यह खबर जरूर राहत देगी। जिसमें मुंबई की एक जिला अदालत ने एक ऐतिहासिक फैसला सुनाते हुए पत्नी को गुजारा भत्ता देने से इंकार कर दिया है। कोर्ट ने घरेलू हिंसा कानून के बढ़ते दुरुपयोग के तहत यह फैसला सुनाया है। सूत्रों के अनुसार, 28 अगस्त को अपने दिए गए फैसले में अपर सत्र न्यायाधीश एपी रघुवंशी ने माना कि घरेलू हिंसा अधिनियम, 2005 के तहत पत्नी किसी राहत की हकदार नहीं है। मुंबई में अनिल और राधा (परिवर्तित नाम) की 29 अप्रैल, 2002 को हिंदू रीति-रिवाज से शादी हुई थी। विवाह के 15 महीने बाद पति ने हिंदू विवाह अधिनियम, 1955 की धारा 13(1) के तहत क्रूरता के आधार पर बांद्रा में तलाक की याचिका दर्ज की। याचिका में अनिल ने अपनी पत्नी पर झगड़ा करने औऱ अशिष्ट व्यवहार करने का आरोप लगाया। अनिल का कहना था कि पत्नी के बुरे बर्ताव के कारण ही उनके संबंधों में दूरी आई। उसके बाद कोर्ट ने काउंसलरों ने इन दोनों को मनाने की कोशिश की। इस दौरान अनिल का पत्नी राधा ने माना कि वह पति के साथ बुरे व्यवहार करती है। हालांकि दोनों संबंध सुधार के तहत फिर अपनी गृहस्थी में जुट गए। लेकिन कुछ दिनों के बाद ही अनिल की पत्नी राधा ने उसके मायके से मिले सभी जेवरों को अपने कब्जे में लेकर गुजारे-भत्ते के लिए आवेदन करने के साथ घरेलू हिंसा अधिनियम के तहत शिकायत दर्ज करा दी। यही नहीं, उसने पति के खिलाफ थाने में भी मामला दर्ज करा दिया। उसने आरोप भी लगाया कि अनिल ने उसकी मां से डेढ़ लाख रुपये लिए हैं। इस पर मजिस्ट्रेट कोर्ट ने पत्नी और बच्चे को प्रति माह तीन हजार रुपये गुजारा-भत्ता बांध दिया। जरूर पढ़ें- पत्‍नी ने 18 साल की युवती से करायी अपने पति की शादी कोर्ट ने राधा की मां से लिए गए डेढ़ लाख रुपये भी लौटाने के आदेश दिए। इस आदेश को चुनौती देते हुए अनिल ने सत्र न्यायालय में गुहार लगाई। सत्र न्यायालय ने अनिल की याचिका स्वीकार कर ली। कोर्ट ने माना कि सुनवाई के दौरान पत्नी आरोपों को साबित करने में विफल रही। लिहाजा, वह राहत की हकदार नहीं है। डेढ़ लाख रुपये लौटाने के संबंध में कोर्ट ने कहा कि यह पति और पत्नी के माता-पिता के बीच का मामला है। इसके लिए सास-ससुर दीवानी का मुकदमा डाल सकते हैं।
http://hindi.oneindia.in/news/2012/08/31/states-mumbai-case-no-maintenance-to-wife-domestic-feud-221269.html

Study finds divorced women’s trauma in securing alimony

Study finds divorced women’s trauma in securing alimony

NEW DELHI: While the Cabinet's decision on Wednesday may appear tipped in favour of women, a recent study shows that seeking maintenance through courts is fraught with delays and requires deep pockets. The countrywide study shows that in nearly 50% cases women did not seek maintenance from their husbands either because they lacked resources (41.5% women had no income after separation while 27% earned less than Rs 2,000 per month) or were unaware.

The government has set the ball rolling for bringing in an amendment to the marriage legislation that will give a woman right to the inherited or inheritable marital property. The compensation amount will be decided by the courts. Divorced or separated women in India have to depend on maintenance since there are no laws for sharing of marital property. The proposed law seeks to correct that but activists feel it does this only half-heartedly.

A survey — based on 405 divorced and separated women across the country — says that getting justice from courts has always been a gamble for women. The survey is part of the book "Separated and Divorced Women in India: Economic Rights and Entitlements in India'' authored by senior lawyer and AIDWA legal convener Kirti Singh. Women's rights activists have been consistently demanding a comprehensive legislation that would provide a women equitable share to marital property.

The survey found that vast majority (almost 60%) were living in marital homes acquired by in-laws and a large number (71%) were forced to live with their families post separation. After the separation 41.5% had no income and 27.4% earned less than Rs 2,000 per month. Although 58.5% surveyed were able to work outside their home, their earnings were too low for them to survive independently.

"In India there is absence of laws for division of marital property, when a separation or divorce takes place, the male spouse usually walks away with all moveable and immoveable assets of the household. The government's decision is just throwing women at the court's discretion and we have found that courts have been conservative in their decisions,'' Singh said.

Of the total, 47.4% (almost half) did not ask for maintenance after divorce. The reasons range from not knowing that they are entitled to ask for maintenance, to not having money to approach the courts or wishing not to be dependent on the spouse. As many as 48.8% of these maintenance cases are pending; in 41.8% of the case smaintenace had been allowed and in 9.4% of the cases their applications were dismissed. In 89 cases where maintenance was allowed, only 12 women reported receiving a satisfactory amount.

Of the 60 women who answered the question on the quantum of maintenance awarded to them, those with no income at all received merely 13% of the salary on an average for financial support. So not only were women given short shrift, they were also forced to wait for a long time before they received the paltry amount. Only in 35.6% of the cases filed in court, was maintenance granted within a year. The rest took anywhere between one and five years.http://timesofindia.indiatimes.com/india/Study-finds-divorced-womens-trauma-in-securing-alimony/articleshow/21155954.cms