A Family Court in Indore ordered a woman to pay monthly maintenance to her estranged husband who claimed to be unemployed.
This was a short lived marriage and both spouses had filed cases against each other.
Case:
Aman, a resident of Ujjain, got acquainted with a woman in the year 2020. The duo soon got into a relationship and the woman proposed marriage. Aman declined the same since he was only in Class XII and did not want to marry until he completed his basic education.
The woman was unhappy with Aman’s decision and started threatening him with suicide if he did not marry her. Giving into the pressure of such threats, Aman went ahead and got married to the woman at an Arya Samaj Mandir in July 2021.
The couple rented an apartment in Indore, however, within a month Aman alleged physical and emotional abuse from his wife. Subsequently, Aman returned to his parents’ home and the marriage did not last beyond two months.
Wife Files Dowry Harassment Complaint
Following Aman’s departure from their matrimonial home, the wife filed a missing complaint against her husband. Not just this, she also filed a false dowry harassment case at court and demanded maintenance from Aman.
Husband Files Counter Complaint
As a counter, Aman went ahead and filed a complaint against his wife accusing her for not allowing him complete his education. The husband also informed court that he was unemployed and thus it was him who deserved to be compensated with maintenance. He even accused his wife of harassment.
Advocate Manish Jharola, who represented the husband, informed media that there were inconsistencies in the testimony given by wife. She initially informed the police that she was running a beauty parlour. However, in court, she claimed to be unemployed, asserting that her husband was the sole breadwinner.
Supreme Court Orders Husband To Pay Rs 2.60 Cr & Monthly Maintenance To Wife Or Go To Jail
Indore Court, Madhya Pradesh
After hearing both sides and analysing evidences on record, the family court at Indore ordered the wife to pay Rs 5,000 per month to her estranged husband.
Surely, this is a rare scenario, and at the cost of repetition, every case would be decided on its merits and a subjective view of the sitting judge on that given day.
Section 24 Hindu Marriage Act, 1955 Is Gender Neutral
Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the court to be reasonable:Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.
Section 125 in The Code of Criminal Procedure, 1973 Is Not Gender Neutral
According to this law, it is only and the only the wife who can claim lifelong maintenance from husband without being divorced. Prima facie, the wife only needs to prove that she does not have any/sufficient income to sustain herself financially. You may read certain riders here, however, the same are very subjective and in almost all cases, separated married women are granted lifelong maintenance (unless they have got remarried).
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Indore Court Orders Wife To Pay Monthly Maintenance To 'Unemployed' Husband
▪️Man was only in Class XII when his girlfriend threatened him with suicide if he did not marry her
P.S. : We are assuming the husband was an adult at the time of marriagehttps://t.co/BJvJWND5Mo
— Voice For Men India (@voiceformenind) March 7, 2024
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