Matrimonial laws are well settled in India. A man is the provider for his family irrespective of endless empowerment campaigns run in the name of women’s rights.
In a recent case reported from Jaipur, Rajasthan, a female judge lodged a complaint against her husband, who happens to be a government lawyer. The couple is undergoing matrimonial dispute, and the wife submitted a petition demanding maintenance for their children, who remained in her custody.
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ADJ Indira Banera, who is currently serving in Shrikaranpur in Shriganganagar, had submitted a petition to the Family Court No.1 in Jaipur on behalf of her children’s upkeep, reported Law Trend.
The couple got married in November 2007 and have a daughter (13) and a son (8). Both children are currently residing with the mother.
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According to the petition filed, the wife alleged that her husband Bharat has never taken responsibility of their children. She also accused Bharat and his family of not treating the children well or showing any concern towards them.
ADJ Banera also added that her husband did not take any responsibility for raising the children, hence, she sought maintenance for them. It was also alleged that at the time of marriage, Bharat was searching for employment. She provided financial support to him, which enabled him to become an Assistant Project Officer in Ajmer. Even after this, he did not take any responsibility.
Defense by Husband
In his defense, the lawyer of the husband, DS Shekhawat, argued that the complainant’s salary alone is more than Rs 2 lakh per month, while respondent’s salary is only Rs 75,000 per month.
The husband further stated that it was the wife herself who filed the divorce petition and she was capable of taking care of the children herself.
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Jaipur Family Court
After hearing both sides of the case, the presiding officer of the court, Arun Kumar Dubey, has directed the government lawyer to pay Rs 24,000 every month for the interim upkeep of the children.
The husband has been directed to pay the maintenance amount from December 20, 2021 onwards with retrospective effect.
READ JUDGEMENT | Able Bodied Husband To Earn Even By Physical Labour But Maintain His Wife, Minor Child U/s 125 CrPC : Supreme Court
- Matrimonial disputes have become part and parcel of life
- However, children of such waring parents should never suffer
- If both parents are working, onus must lie on both of them equally to provide for the children
- Currently in India, maintenance cases for children are limited only to financial security
- Its time India adopts shared parenting, where both parents are made equally accountable to partner in every step of bringing up their children, even if the couple can’t see eye to eye
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Husband Is Fighting Child Custody & Visitation Cases With His Wife Who Is A Judge | His Story
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