The Bombay High Court in its recent order had sent a Parsi man to civil prison for three months for having “wilfully disobeyed’’ its August 2019 order to pay interim monthly maintenance of Rs 20,000 to his estranged wife.
The divorce case between the couple is pending since 2018.
Case:
Justice Girish Kulkarni of the Bombay High Court had sentenced the husband on March 17, as he refused to apologise after being issued a show cause notice under the contempt of courts Act. The judge then quoted,
Merely because an appeal was filed against the order which is pending for quite some time, would not bring about a situation that the order of August, 6, 2019, which affects the very livelihood of the petitioner wife, is rendered meaningless so that it can be totally disregarded and/or openly flouted by the contemner.
In the order last month, he was directed to surrender by March 22. Less than three weeks later, he instructed his lawyer from prison to inform the court of his willingness to pay his estranged wife Rs 10 lakh in “full and final settlement’’ for her alimony and maintenance claim.
During a hearing on April 11, the bench of Justices Gautam Patel and Madhav Jamdar said:
Since the appellant is presently in jail because he was sentenced for having committed contempt of court, we dispense with his personal presence and proceed.
Husband’s lawyer F D Contractor handed over a cheque of Rs 5 lakh — the first of two instalments — that the wife’s lawyer Kashmira Bharucha accepted on her behalf.
Bharucha submitted an affidavit, in which the wife confirmed her acceptance of the final settlement amount and undertook not to make any further claims.
Accepting these undertakings as undertakings to the court, the bench directed the man to be released from custody, but clarified that if his cheque or his commitment of the balance amount is dishonoured, he “will forthwith be taken into custody and be required to serve out the remainder of the sentence imposed on him”.
The Bombay High Court added,
There would be against him a case of aggravated contempt in the event of any such dishonour.
Lawyers for both sides agreed that once he complies with his undertakings and pays up the entire amount, both parties will seek divorce by mutual consent under section 32-B of the Parsi Marriage and Divorce Act.
MDO Take (in General):
- Law of the land must be followed – period
- But our argument is against Gender Biased Laws that allow maintenance to all women by default (even if they are working & earning)
- All a woman in India needs to do is file a maintenance application after separation, and interim maintenance is awarded (with or without the husband’s fault been proven)
- In the case above, divorce case is pending since 4-years, and the merits of the same have not been concluded
- On receipt of maintenance, wife agrees for mutual divorce
- Have maintenance laws in India become tools of extortion from men in general?
- These laws were made in the 20th Century when women were not allowed education or work
- Today, many women are educated and voluntarily choose not to work
- While it suits all to cry feminism and empowerment, sadly, pushing the onus of financial security only on the Men, does not translate into Patriarchy
- Its time we stop perpetual victimhood in the name of Empowerment
- Even if women need to be supported financially, the timelines must be defined and not become a lifelong trauma for the husband, until the woman decides to free him
- Duration in marriage is completely overlooked, and Maintenance under Section 125 CrPC entitles wives to receive maintenance for life (without divorce), even if married for a day (with or without children)
- Maintenance for children is completely separate affair, and in most cases kids are used as pawns to exploit more money – without fathers been allowed to even meet them
- All social media warriors who cry unfair laws for women, must read up the same in detail before ending up as armchair activists
Note: Parsis still follow the Jury System for Personal Laws in India.
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Bombay High Court Sends Parsi Husband To Civil Jail For Not Paying Maintenance To Wife In Divorce Case
— Men’s Day Out (@MensDayOutIndia) April 23, 2022
▪️Was released after he sent full & final alimony settlement cheques from prison#GenderBiasedLaws #SpeakUpMen https://t.co/Wg41rKgax2
“If you want to see your children, first pay Rokda”: Gujarat High Court to Father
If you want the child,pay money.
— #498A_PWDVA_FakeCases (@VikramArora20) April 20, 2022
Judgements don't take place over emotions,but रोकड़ा i guess.U can get your child if payment guaranteed. What's a child, a commodity🤔?#ChildCurrency #India #law @Realfighter25 @swarup1972 @tanu531d @krao7766 @BhargavaPriyash @dna @quit_hypocrisy pic.twitter.com/hPiSgUAH9R
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