Gender Equality is only a fashionable statement on social media. In reality and practice, Men are liable in every way, to ‘maintain‘ their wives, irrespective of whether the wife is educated and capable of earning.
The Allahabad High Court in its recent order dated August 03, 2022 observed that an able-bodied husband cannot argue that he is not in a position to maintain his wife.
New Supreme Court Maintenance Guidelines Is Furthering Legal Terrorism On Already Suffering Men : MyNation Hope Foundation
Case:
The Husband in the present case had initiated the divorce proceeding against his wife. Subsequently, he moved the High Court challenging the order of the family court under Section 24 of the Hindu Marriage Act directing the husband to pay Rs 3,000 per month towards interim maintenance to the respondent-wife as well as Rs 5,000 towards the cost of the proceeding.
The husband argued that he is unemployed and thus, has no source of income, while on the other hand, the respondent-wife has independent income as she is running a medical store along with his father who is a doctor.
WATCH:
BJP MP Rajiv Pratap Rudy Discusses Misuse Of Section 498-A IPC In Lok Sabha | Comments?
Allahabad High Court
The bench of Justice Sunita Agarwal and Justice Om Prakash Shukla observed that the mere fact that the respondent-wife is educated and is doing something to survive since she has been thrown out of her matrimonial home cannot be a reason to deny interim maintenance. The Court remarked,
An able-bodied husband cannot argue that he is not in a position to maintain his wife. It is social, legal and moral responsibility of a man to maintain his wife and no exception to the same can be taken by us, in view of bald assertions of the appellant.
The High Court then referred the Supreme Court Judgement Rajnesh vs. Neha 2021 (2) SCC 324 citing that the wife was entitled to maintenance.
VFMI Take:
- Maintenance laws in India can be considered as legal extortion against the husbands
- If a husband files for divorce, he is liable to pay maintenance to his estranged wife under Section 24 of the HMA (Hindu Marriage Act)
- If a wife files for divorce, husband is liable to pay maintenance to his estranged wife under Section 125 CrPC
- In both scenarios, maintenance is awarded without any charge being proven and the same continues till the pendency of the main divorce application from either side
- In almost every scenario, once the maintenance is rewarded to the wife, she stops attending court dates for arguments in the divorce petition, thereby, compelling the husband by law, to pay her for years and decades, without any resolution in sight to end the dead marriage
- Younger men who are planning to get married, must read and understand the lifelong legal traps, just in case the marriage fails for any reason
- Currently, no government has even dared to discuss these lopsided women centric laws, which let disgruntled wives have the last laugh
READ ORDER | Abled Bodied Husband Cannot Deny Maintenance To Working Wife: Allahabad High Court
— Voice For Men India (@voiceformenind) August 27, 2022
▪️HC: "It is social, legal & moral responsibility of a man to maintain his wife & no exception to the same can be taken by us"#VoiceForMen #SpeakUpMen https://t.co/bBqKBYkURV
Join our Facebook Group or follow us on social media by clicking on the icons below
If you find value in our work, you may choose to donate to Voice For Men Foundation via Milaap OR via UPI: voiceformenindia@hdfcbank (80G tax exemption applicable)
Follow Us
