Justice Dhingra: Maintenance To Be Fixed On Actual Earnings

Here is yet another judgment from Justice Dhingra. This time her states that

“The maintenance is to be fixed on the basis of actual earnings of a person and not on his being able bodied person. In this country, there is no job guarantee given by the government to every able bodied person. Many able bodied persons are jobless in our country. The only job guarantee is under National Rural Employment Guarantee Scheme under which 100 days labour work is assured to an unemployed rural person. The husband does not qualify for that. Moreover, the wife is equally able bodied. The wife has failed to show, in this case, any earning of the husband. She did not dispute the facts stated that the van was sold by her, the house was sold by her and she was facing a case filed by the father of the husband in respect of illegal sale of the house. The amount received from sale of the house is with the wife and she must be earning interest on it. She has failed to show any source of income to the husband. The bald allegation of his doing tuition without stating as to what was his educational qualification and to whom he was teaching, would not serve the purpose.”

Here is the judgment:

CM(M) No. 1790/2006 Ritu Raj Kant v. Anita



10 Responses to “Justice Dhingra: Maintenance To Be Fixed On Actual Earnings”

  1. 1 aneel kumar October 5, 2008 at 7:49 am

    it is very execellant judgement by justice dhingra in the interest of natural justice.


    • 2 sibasish pattanayak October 9, 2010 at 4:45 pm

      A justice having eyes more than two,for that he is a justice
      when a case is going to be close by a judgement.the said judgement should be judicial with application of mind in practice
      .the real life goes in different way in this period,now a days
      the definition of family ,definition of cruelty,harrasment,definition of conjugal life is rapidly changeing in the present world. it is very difficult to ascetain who is the victim of cruelty/domestic violence and /or who is/are being harrassed by which side.
      In my practice life in criminal side it is observed that, a large no.of women abusing/misusing the legal provisions{ 498A I.P.C./P.W.D.V.ACT2005} TO ACHIEVE THEIR ILL MOTIVE and using the court as TOOLS FOR EXTORTION.
      SO,the judgement passed by Honourable JUSTICE S N DHINGRA in regards with “MAINTENANCE TO BE FIXED ON THE ACTUAL INCOME”Is really appreciable,welcomed for the betterment of the society
      but THAT shud be adjudicated when the parties will come to the COURT OF JUSTICE WITH CLEAN HAND.
      with regards,
      sibasish pattanayak,Advocate,
      kolkata,West Bengal.


  2. 3 krishankmittal October 15, 2010 at 2:13 pm

    Pl put full name and adresses of all females who have logded false FIRs u /s 498a,306,and34 on the website.SIF foundation should put this information on their website for information of the public and for cross checking in case of remarriage.


  3. 4 sears promo code sears coupon July 15, 2013 at 4:42 pm

    Fine way of explaining, and nice article to obtain data
    regarding my presentation subject, which i am going to convey in school.


  4. 5 overstock coupons July 25, 2013 at 4:03 pm

    Online shops offer year long savings since it is easier than to
    run a shop in the market to run an electronic on-line shop that to
    your shop which offers you everything beneath
    the sun that can be bought. Also these online stores like Overstock.

    com offer unique discount such as overstock promo signal for
    promotional and publicity function. Although
    a traditional Overstock coupon is difficult to find
    but once you obtain it be sure to be surprised.

    Overstock Coupon is of very great use, as it has improved
    the novelty of online buying by often among your brain of people.

    It has also many getting things which improve its need.
    Various kinds coupon limitations are there Free
    Ship Coupon Code, particularly Money Saver Coupon Code and
    many more; all are useful for different uses.
    Now these requirements are being sold out to accomplish business.
    That is also comfortable for that consumers because they are now
    free from the risk of marketing using a large amount
    of income. Even some charge sites and internet sites have started the Overstock Coupon program.
    They feature techniques like on a re-charge of Rs.
    10 only 1 can get 20% concession on shopping for Rs 999 and above.
    Through the use of these schemes, also the sites are increasing their sales.
    Many shopping web sites have mounted a perimeter such that shopping beyond that certain amount
    would bear no shipping cost. Online coupons are actually available even to reduce the delivery fee.


  5. 6 cancan December 25, 2013 at 7:48 pm

    Аωesome things here. I am verу happy to see your article.
    Thanmk уou sso much and I’m having a look ahead to contact you.

    Will you kindly drop me a e-mail?


  6. 7 free websites March 11, 2014 at 7:01 pm

    Wonderful article! We are linking to this great article on our site.
    Keep up the good writing.


  7. 8 fresher Openings November 13, 2014 at 1:56 am

    Excellent post but I was wanting to know if you could write a litte
    more on this topic? I’d be very grateful if you could elaborate a little bit more.

    Bless you!


  8. 9 local listings August 2, 2015 at 8:45 am

    Remarkable! Its genuinely amazing paragraph, I have got much
    clear idea regarding from this paragraph.


  1. 1 shopping online Trackback on May 7, 2014 at 10:29 am

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

Visitors Since Mar/14/07

  • 3,220,537

Cluster Map

Live Traffic


Top Rated Posts

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.

Copyright Notice:

The content of this blog is copyrighted. You are required to obtain prior permission before locally hosting or reproducing online or in print, any or part of the content. You are welcome to directly link to the content from your site. Page copy protected against web site content infringement by Copyscape MyFreeCopyright.com Registered & Protected Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.


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.

Get Adobe Acrobat Reader

You will need adobe acrobat to read most of the documents. Please download adobe acrobat reader. Get Adobe Acrobat For Your System
October 2008
« Sep   Nov »

%d bloggers like this: