Calcutta HC: No Alimony For Leaving Hubbies On Flimsy Grounds

Folks,
Here is the judgment. It is a large file (1.4Mb): No Alimony For Leaving Hubbies On Flimsy Grounds

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TIMES NEWS NETWORK
Kolkata: Here is one for the harassed husbands’ club. If a woman leaves her husband’s home on “flimsy grounds”, she is not entitled to maintenance, the Calcutta High Court has ruled.
On Thursday, the HC set aside a lower court’s order and asked a Baranagar youth to stop paying his estranged wife a monthly allowance, after judging that she had left her husband’s home “on flimsy grounds”. The landmark judgment is one of those rare cases where the husband gets reprieve in a case under the stringent section 498A, which is meant to prevent harassment of women but is sometimes exploited by the fair sex for unfair ends. The ruling came as a relief for Baranagar’s Partha Pratim Banik who was locked in a bruising battle with his estranged wife, Arundhati. Their marriage had not been a happy one and they had frequent quarrels. According to sources, Arundhati left Partha’s home suddenly one morning, taking along their fouryear-old son, and filed a case against her husband and inlaws under section 498A for “physical and mental torture”. Later, she claimed in court that Partha had cheated her by claiming he was a computer engineer whereas he was a “computer mechanic”.
A Barrackpore court granted her plea and directed Partha to pay her a monthly maintenance of Rs 1,700 — Rs 1,000 for the boy and Rs 700 for Arundhati. Partha appealed against th e order in high court. The case came up for its final hearing on Thursday. Partha’s counsel Koushik Dey said that the allegations against Partha were false and that Arundhati had left her home voluntarily without any concrete reason. He cited section 4 of 125 CrPC, which states that a wife who refuses to stay with her husband without sufficient reason is not entitled to a maintenance allowance. Dey also claimed that Partha was willing to take Arundhati back home, but she had refused.

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33 Responses to “Calcutta HC: No Alimony For Leaving Hubbies On Flimsy Grounds”


  1. 1 Suresh July 20, 2007 at 4:20 am

    My brother is caught in a similar battle with his wife. One day she left our home saying that she wanted to go see her aunt who was sick. Thereafter she never returned. Whenever we tried to sort out the things, they never responded. Lastly my brother filed a divorce petition and after receiving the summons for the same his in-laws filed a false complaint u/s 498A, 342, 34IPC after a gap of more than six months after she left our house.

    Although we argued the case exposing all their false arguments before the court, but still the court framed charges on all of us. In another case u/s 125 CrPC, the court has directed us to pay Rs. 4000/- per month as maintenace.

    Though everything what they said is false, but still they emerge as the winners in every case.

    Can anybody suggest some rulings regarding the delay in filing the FIR u/s 498A and also if we could stop the payment of maintenance money until the final judgement has been declared.

    Like

  2. 2 gopal August 14, 2007 at 8:23 am

    send judgement psl

    Like

  3. 3 Ram August 27, 2007 at 4:53 am

    Hi,
    Once you win 498A, then there are ways.
    Normally, 498A complaints will say that the girls are driven out for the sake of money etc.
    Once you win, then the complaint is proved as false and it is proved that she is not driven out and she left the matrimonial home on her ow accord with out any reasonable grounds.
    Then you can invoke Sec 125(4) of Cr. P.C to claim she is not entitled for any maintanence.
    regards
    Ram

    Like

  4. 4 Ram August 27, 2007 at 4:56 am

    Hi, I will enclose a Judgment on this.
    No maintenance for wife who deserts hubby
    By: PTI
    February 4, 2007
    ——————————————————————————–
    Akola, Maharashtra: A woman who deserts her husband without a “strong and sufficient cause”, and lives willingly at her parent’s house is not entitled to maintenance from him, a court here has said.

    Judicial Magisterate S Gadkar of Akot, while rejecting a woman’s application for maintenance, observed that under Section 125 of the Criminal Procedure Code, the petitioner is not eligible for it as she left her husband willingly.

    The woman’s husband told the court that his wife left their home when she was asked about “a love letter” she received five days after their marriage.

    Like

  5. 5 Dilip September 16, 2007 at 1:15 pm

    I need Calcutta HC Judgment full text where the Judge has decided no alimony/maintenance if the wife has left the husband on flimsy grounds. Few lines in Times of india of July 6 or 7 is not enough. I need Case no.,a n d other details.

    VERY VERY URGENT and CRITICAL.

    PL HELP. S O S

    Like

  6. 6 Jaya kumar January 24, 2008 at 5:53 am

    Section 498A IS a Curse on Indian Society and is literally making the women in general instead of paving their way for a better future. I can say this even though I am a woman and a lawyer myself

    Like

  7. 7 Jaya kumar January 24, 2008 at 5:57 am

    Section 498A IS a Curse on Indian Society and is literally making lethargic the women in general instead of paving their way for a better future. I can say this even though I am a woman and a lawyer myself

    Like

  8. 8 Jay February 19, 2008 at 9:09 pm

    My parents and myself are also going through a trauma and torture of false framing of a case u/s 498(A) by my wife, who left her matrimonial home in only 20 days with an excuse to go to office and never returned back. She has herself filed a petition for divorce in family court under grounds of cruelty. She is a money centred lady and looking to earn huge bucks. She has now knowingly resigned her job and asking for a amount of Rs.20 lacs as permanent alimony. Both the matter of Sec 498(A) and divorce petition are in court and going on.

    Can anyone help me as I have heard that recently there was a ruling by some High Court or Supreme Court that a woman has to stay certain number of days (could be more than 45 or 60) to claim for alimony. Also please suggest if any other judgement copy is available which can help me. Obviously the judgement of Kolkata HC is useful but still there are several loops through which she can escape taking the sympathy of court. I am looking forward for some more judgements and suggestions from all members.

    Thanking you,

    Best regards

    Jay

    Like

  9. 9 parvesh March 17, 2008 at 9:17 am

    You men are fools! Why don’t you compaign against this bloody institution of marriage which has proved to be a tool of dirty politics? Ban this institution. I hope that soon this institution will go extinct and future generations will not marry. This is a rotten institution.Politicians know that there can never be any harmony between man and woman. Hence they are framing these bloody laws just to enjoy mischiveously while genders fight. If a woman is alone then she will be more insecure.

    Like

  10. 10 rakesh kumar serving in IAF July 22, 2008 at 1:57 pm

    my wife has left me creating a preplanned conflict of throwing a 60 rs nak ki nathini at my mom and fought with her and bleeded my mom and same time my in-laws came (as it was ppreplanned) and told me pagal,impotent and threatened for life term imprisonment mentioning their contact with DIG of police and told my mom randi, my home randikhana in front of my whole muhallah. any enquiry can prove my point.they hav taken my wife and my daughter forcefully. after one year, my wife claimed alimony from AFWAA AND My commanding officer. they hav tarnished my image at my home at my duty place. now, i feel committing suicide but i stop myself just for this sake that she wiill be only beneficial after my suicide as she will get all the life insurance money and all. anybody if humanity is there on this earth please help me otherwise a soul is ready to meet the almighty and complaint my wife’s dastardly act if no bd help me

    Like

    • 11 bhupesh August 20, 2009 at 7:18 pm

      fight. thats the only way. No suicides pls. if u want to, kill everyone & then u will not feel doing one.

      Like

    • 12 rajesh August 25, 2012 at 4:50 pm

      sir iam also in iaf if u dont want to reside with her file divorce on cruelty ground ,thereby,if u want to continue ur married life put section 9 of hindu marriage act against her ,or let her file 498a against you and later on donot let it verified………….

      Like

  11. 13 suven August 10, 2008 at 1:22 pm

    I am journalist and my wife on provocation of her mother deserted me with my one and half year old daughter. I work under tremendous work pressure but still decided to fight back this system using PIL and battery of lawyer friends.Yiou may come jopin forward to stop this organised social crime.

    suven

    Like

    • 14 sai February 15, 2010 at 8:21 am

      I want to join u in fighting against the misuse of marriage acts. Do mail me ur email id so that
      i can be in touch with u.

      Regards
      sai

      Like

      • 15 vijaya April 22, 2010 at 2:46 am

        hi, sai

        my name is vijaya, my brother going through divorce , his wife left the house after 2 years marriage, he lives \US
        she left to india, after year, she filed for almony of 65 laks, her family thretning for money otherwise file dowry, abuse case, if you could know any info about this please help us.

        thanks,

        Like

    • 16 Sankar Sarbajna June 8, 2010 at 1:49 pm

      RESPECTED SIR,
      Iam ready to join with you, as I am also suffering critically. However, the facts of litigation are different in events. My mobile no 9474618885. Pl contact over phone, if possible.

      Like

  12. 17 james February 3, 2009 at 8:25 am

    CHECK THIS UNIQUE SITE
    nodahej.com Matrimonial Site is the worlds only Matrimonial Site for peoples who don’t want to take and give dowries for their marriages.its total free site.Add your Free Matrimonial Profile Now.
    nodahej.com

    Like

  13. 18 Sankar Bhattacharjee September 15, 2010 at 2:06 pm

    Because of unrest family turmoil on any pretext, our marriage tie solminized nearly 20 years back, has ultimately been wrecked down beyond repair and irretrivable broken down leaving all prospectus of resuscitation or restoration. She filed numbers of complaint in Womens Commission, Legal Cell and finally family Court under 125 Cr.P.C. Ultimately, leaving me to a total desert, collapse & ruin, once she wiped out her Sindoor, broken down Sankha/Nowa etc. and accordingly left residence alongwith her entire bag & baggages nearly 2(two) years back. On the analogy of own morale, she is still under my own maintenance which is being remitted through bank. I have decided to discontinue the same soon also to file Divorce case on the ground of Desertion & cruelty. Kindly suggest from legal point of view.

    Like

  14. 19 Varghese October 11, 2010 at 11:09 am

    help need.

    Can you all please mail me full text of judgements pertaining to these petitions?

    Thanks
    Varghese

    Like

  15. 20 SURAJ July 12, 2011 at 10:33 am

    my wife has asked in court for alimony, even she has done MTech in engineering,im just Btech engineering earning 35000 rs monthly.i dont know whether is working or not. wheather i can apply for divorce. we got seperated after 1 month of marriage no kids

    Like

  16. 21 krishankmittal July 14, 2011 at 4:29 am

    She cannot be granted maitenance but almoney u will have to pay in case of divorce. pl search this site for Anthra pradesh High court Judgement on the suject

    Like

  17. 22 Dhanajay H. Waghmare November 15, 2011 at 4:01 pm

    Hello Sir,
    Its realy wonderful judgement
    I need the judgement copy of same
    Kindly send me the copy on my mail Id or provide me the link please

    My mail id is mr.dhananjaywaghmare@rediffmail.com

    Thanks,

    Dhananjay

    Like

  18. 23 Thinker April 24, 2012 at 9:41 pm

    The institution of marriage is an outdated legal construct. If a man and woman want to be together, why do the government and the courts have to be involved? If they want to separate, why does one party owe the other party any money?

    Like

  19. 24 Sanjay Sarkar January 28, 2013 at 6:21 am

    I Sanjay sarkar , I m from kolkata. i m a harassed husbands , so i want to talk association, so please give me the address and phone number for contact.
    Please help me send me mail.

    Like

    • 25 benny dhan April 15, 2013 at 12:31 pm

      Benny dhan
      I am christian guy working in railway, got married in church on 2011, 11th april, soon after -03 months her parents came to take her for fortnight and then never back I tried many times even through CHURCH, their also her parents commit that she will ever go back. And after a long gap she file a case under 125crpc for maintenance, putting false allegation that after marriage on 11th on 13th night I and my old widow mother, unmarried sister beaten up her badly and drove her away, from 14 april onward she is still at her father’s home. Actually she was with me till Jul.21th 2011, on month of May’11 my younger brother’s marriage was conducted at Kolkata (dum-dum) she was present in chruch, but she is tell fase that on 14th she was went away.
      Sir, I am unknown about law little more, I have file my show cause , let me suggest for futher course of actio.

      Like

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  21. 27 priya July 15, 2014 at 4:47 pm

    My elder sister working in pvt company ,her husband and mother in law tourchar daily and demand money like dowery . can she claim maintenance u/s 125crpc and pls suggest what she do now
    She working in a pvt company and now lives in his maternity house

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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