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.

    Like

    • 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.

      Like

  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.

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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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