The Nagpur Bench of the Bombay High Court has severely reprimanded the Akola Family Court, that ruled in favour of a woman who swore falsely in court to get alimony from her husband in a divorce case. The high court has also strongly disagreed with the lower court’s decision and issued an order for action against the woman.
Not just this, along with reprimanding the lower court, a detailed report has been sought by High Court after taking necessary action on the woman. The court remarked,
Those who pollute the process of justice must be dealt with vigorously.
Case:
- Rajesh, a resident of Aurangabad, married Alka, a resident of Akola
- However, their relationship could not last long
- With constant fights and arguments between the couple, the two decided to separate and filed for divorce in Akola Family Court
- While the court granted divorce to both parties, it also ordered Rajesh to pay Rs 2500 per month to Alka as alimony
- According to Rajesh, he had been giving the said amount to his estranged wife for three months, however, later discovered that the woman had concealed important facts from the court
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- Alka had not disclosed that she was already working at a local bank while the divorce proceedings were under consideration
- The woman deliberately hid her financial income to avoid any rejection of alimony by the family court
- In case Alka would have mentioned about her own job, there were chances of receiving zero alimony from the court
- Citing this development, Rajesh once again filed an application in the Family Court, requesting for a change in the order related to alimony
- However, the Family Court overlooked facts placed on record and ultimately rejected Rajesh’s application
- Hereafter, Rajesh approached the High Court
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The High Court went through the details in the matter and took strong objection to the Family court’s order. The bench expressed their displeasure stating,
Despite the husband bringing such an important matter to notice, the lower court ignored it. But the High Court will not make such a mistake.
The High Court has now discontinued maintenance allowance to wife with immediate effect.
Our Take:
Anyone who has been visiting the family court, will know exactly how the system operates. Husbands bring hard evidences on record to demonstrate source of income, assets and other things owned by wife. However, somehow the lower courts overlook everything and reward women a sum amount which could be often outside the purview of law.
Most of the times, perjury applications filed by husbands too are brushed aside, where women forge signatures or produce fake documents to show exorbitant expenses. Why should an educated, fully-abled woman, who had a short lived marriage with no children, be rewarded any amount? Is divorce a licence to get lifelong tax-free income?
The absolute bias towards this gender is a reality and if any husband is able to waive off the legal extortion by court, the same must be attributed to his sheer luck.
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http://voiceformenindia.com/in-the-news/husband-dies-in-jail-due-to-kidney-failure/
http://voiceformenindia.com/in-the-law/jobless-husband-must-pay-maintenance/
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