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Home IN THE NEWS ALIMONY

Unable To Pay Maintenance To Fully Abled Wife, Court Sentences Man To 480-Days In Jail

Team VFMI by Team VFMI
January 29, 2020
in ALIMONY, IN THE LAW, IN THE NEWS, OTHER COURTS
0
voiceformenindia.com
Mumbai Court Sentences Man To One Year Jail For Pulling Ex-Girlfriend's Hand in 2014 (Representation Image Only)

Mumbai Court Sentences Man To One Year Jail For Pulling Ex-Girlfriend's Hand in 2014 (Representation Image Only)

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An employee of a leading pharmaceutical company based in Ahmedabad, Gujarat, was sent to jail for 480 days after he refused to pay the outstanding maintenance amount of Rs 1.20 lakh to his separated wife according to the provisions of the Domestic Violence Act.

The chief judicial magistrate of the rural court of Mirzapur ordered the prison sentence for the resident of the Thaltej area, Naresh Rajane (29) for failing to pay a sum amount of Rs 7,500 per month as per order dated 2018. Rajane had faulted to make the payment to his estranged wife for a period of 16 consecutive months.

ALSO READ –

Pay Up Maintenance To Earning Wives Even If You Don’t Earn Single Penny – High Court To Husbands

Thus, the wife filed another application through attorney Salim Saiyed to recover the outstanding amount of Rs 1.20 lakh. On Monday, the court questioned the husband for reasons of non-payment. To this, the man replied that he could not pay his wife in the near future since he was unable to fix the finances.

The court determined that Rajane’s response was neither reasonable nor satisfactory. The court said,

Even today, you are not ready to pay. There is no point in granting you more time because it will be an injustice to the requesting wife and you will also overcome the purpose of the law.

The court then sentenced the man with 480 days in jail counting 30 days in jail for the breach of each month (16months x 30days = 480 days).

ALSO READ –

Court Orders 6.5 Years Jail To Husband For Defaulting on Rs 2.86 Lakhs Maintenance Payment

Our Take:

  • Time has come when our governments and system should make up their mind, whether to promote Gender Equality and Women Empowerment or to keep pressuring a man as the sole provider for the woman
  • Last year, a sum of Rs 29,000 crore had been set aside for the Women and Child Development (WCD) Ministry for the said fiscal, a 17 per cent increase over the 2018-2019 financial year
  • However, over the decades, the ministry fails to empower women in the literal sense by ensuring that they are independent in case of a failure in their marriage
  • When it comes to maintenance support, the empowerment champions remain mum, thereby encouraging tax free lifelong legal extortion on the husbands
  • In the above case, the particulars are not fully known, however, if a wife has basic acumen and strength to file petitions and applications for money, why can’t a court direct her to also simultaneously find a livelihood that can support herself
  • Shame on our system and our age old biased laws, which still promote free alms to fully abled women

ALSO READ –

http://voiceformenindia.com/in-the-news/husband-dies-in-jail-due-to-kidney-failure/

http://voiceformenindia.com/in-the-law/bombay-high-court-husband-is-entitled-to-get-divorce-from-his-wife-who-subjected-him-and-his-family-to-cruelty/

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Tags: AhmedabadAlimonydivorcegender biased lawsgujaratin the lawInterim MaintenanceNo Maintenance to Educated and Working Wivesother courts
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