Every Sufferer Is A Saviour..

Tuesday, 4 February 2014

Honey It's All About Alimony....("50 Alimony cases Covered By TOI")

Alimony is the crucial factor to decide when Relation of husband and wife comes to an end.There are many circumstances where Women not got any alimony but there are also such cases where women got alimony in crores.During My keen search on this wild issue of Alimony I got 50 cases covered by TOI which is splashed as under:
Happy Reading:))
November 8, 2012 | TNN
NEW DELHI: A woman has been denied alimony from her estranged husband by a Delhi court after it discovered she deliberately left her job to become eligible for the sum. Refusing to order the woman's husband to pay her maintenance, the court noted she had concealed facts. Metropolitan magistrate Shivali Sharma noted that she had left her job and later took admission at a private university just to claim maintenance. "Since the petitioner(woman) has not given any reason for leaving her job and joining the...
December 28, 2013 | TNN
In the wake of the Hrithik- Sussanne split, the question on everybody's mind is what next? While both have given statements to the press, talks about the settlement between the couple have been doing the rounds. READ: Sussanne will always be the love of my life: Hrithik Roshan After the super success of Krrish 3 , the Roshans have raked in a lot of money. According to a report in DNA, Sussanne has apparently asked for 100 crores from Hrithik as a divorce settlement.
November 9, 2013 | TNN
NEW DELHI: A trial court has refused interim maintenance to a woman saying she was professionally more qualified than her estranged husband, and had failed to show why she didn't look for a job. The judge dismissed the woman's plea after noting that she was a graduate from Delhi University, held a diploma in library science and was once employed as lab technician in the varsity itself while her husband had studied till higher secondary. "She has not assigned any reason as to why...
June 7, 2012 | TNN
JAIPUR: If an estranged wife, after filing for divorce through mutual consent and took money under an agreement, takes a U-turn and subsequently withdraws consent for divorce and force the husband to pay more money, then such a step itself is a valid ground for divorce and such U-turn cannot be allowed to be used to harass the husband, the Rajasthan High Court has held. The order came on an appeal filed by one Anil Khatwani against the order of...
November 14, 2013 | TNN
NEW DELHI: A trial court has directed a retired school teacher to pay Rs 6,000 alimony per month to his estranged wife after over four decades of their marriage. The court also granted the woman the right to stay at her matrimonial house and restrained the man from dispossessing or disturbing her from "peacefully enjoying" the ground floor of the premises without due process of law. "Keeping in view the earning and the admission of the respondent (man), I hereby grant maintenance of Rs 6,000 per...
August 2, 2012 | Devanshi Seth , TNN
A growing number of men are quitting their jobs or being 'disowned' by the family business to avoid paying alimony to their wives. When the honey's gone, it's just about the money, isn't it? Ask couples seeking divorce, and the legal wrangles they end up in while claiming or evading maintenance could put any movie to shame. Now, to avoid their spouse from having any monetary advantage over them, men are even quitting their high paying jobs. Quitting jobs during a divorce plea has become...
October 4, 2013 | TNN
BANGALORE: A Peenya bakery owner landed in a soup after cooking up a story of armed robbery just to avoid paying alimony to his estranged wife. On Wednesday night, Ravi Kumar, 48, turned up at the Peenya police station and lodged a complaint, alleging that four armed men had barged into his house in Gruhalakshmi Layout, Peenya around 7.30pm and robbed him of Rs 25,000 cash and 130 grams of gold at knife-point. The case seemed serious enough for the police to have a closer look.
November 19, 2004 | P K SURENDRAN , TNN
THIRUVANANTHAPURAM: A landmark ruling in Muslim wives' welfare, the Kerala High Court on Thursday, pronounced that a Muslim woman, even if remarried, was entitled to monetary relief from her former husband. The Division Bench comprising Justice Mr M Ramachandran and Justice Mr M Sasidharan Nambiar observed that under the CrPC a remarried divorcee was not eligible for alimony but under the Muslim women (Protection of Rights Act) 1986 Sec-A, remarriage was never mentioned a...
November 3, 2011 | TNN
NEW DELHI: A trial court has denied alimony to a woman who has been living separately from her husband, saying that she cannot claim maintenance from her husband if she leaves him out of her own "sweet will". The court said living separately from the husband was not sufficient for the wife to claim maintenance as she must prove that her husband had refused to maintain her despite having sufficient means to do so. "It is a settled position of law that one cannot...
July 19, 2013 | Himanshi Dhawan , TNN
NEW DELHI: While the Cabinet's decision on Wednesday may appear tipped in favour of women, a recent study shows that seeking maintenance through courts is fraught with delays and requires deep pockets. The countrywide study shows that in nearly 50% cases women did not seek maintenance from their husbands either because they lacked resources (41.5% women had no income after separation while 27% earned less than Rs 2,000 per month) or were unaware. The...
July 14, 2010 | TNN
HYDERABAD: Giving gender equality a fresh twist, a jobless man has sought Rs 8,000 a month as alimony from his 'gainfully' employed partner . This gender bender case, which has landed at the Andhra Pradesh High Court, however, gets even more curiouser in its detail. The couple in question are not legally wedded but have been in a live-in relationship for the last 10 years and even have a daughter. The Mahbubnagar-based couple's happily ever after story hit a roadblock when...
June 29, 2013 | LUBNA KABLY , TNN
MUMBAI: Marriages are made in heaven, but a divorce happens on earth and with it comes the inevitable question of alimony and its tax implications. In a recent decision the Delhi Income-tax Appellate Tribunal (ITAT) has held that a lump sum payment received from a former husband, against relinquishment of monthly maintenance is a capital receipt and is not taxable. The case relates to a Delhi-based woman,...
July 23, 2011 | Dhananjay Mahapatra , TNN
NEW DELHI: In divorce cases, the courts must factor in the wife's status and lifestyle while fixing alimony to ensure that she lives in reasonable comfort but should not grant an amount that would be repressive for the husband, the Supreme Court has ruled. "The amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and mode of life she was used to when she lived with her husband," said a bench of Justices P Sathasivam and B S...
March 26, 2013 | TNN
GURGAON: Punjab and Haryana high court has reduced the maintenance amount to Rs 12,000 a month after finding that a Gurgaon resident has provided a rented accommodation to his divorced wife in Gurgaon. The husband had moved the court for reducing the maintenance amount from Rs 15,000 a month because he was paying the rent of the house in which his ex-wife was staying in Gurgaon. During the hearing the wife's counsel submitted that the petitioner owned three cars and was earning Rs 45,000 per month.
January 5, 2005 | Swati Deshpande , TNN
MUMBAI: A woman will not be entitled to alimony if she has concealed facts such as a former marriage, inability to conceive, frigidity, incurable diseases like leprosy, mental illness or venereal diseases from her prospective husband. This flows from a judgment of a division bench of the Bombay high court which denied permanent alimony to a woman whose marriage was annulled nine years ago on the grounds that she hid her epilepsy. The bench held that even though the law...
May 3, 2009 | Shibu Thomas , TNN
MUMBAI: The earning capacity and professional qualifications of a woman are to be considered when deciding on permanent alimony in a divorce case, the Bombay high court has said even as it declined a former air-hostess's plea to increase the amount. A division bench comprising Justices B H Marlapalle and Ravi Deshpande rejected the petition taking into account the fact that Jaspreet, a resident of Mumbai, had obtained a diploma in fashion designing and planned to make a career in the city.
March 11, 2008 | TNN
AHMEDABAD: A Muslim woman from Sabarkantha district fought a legal battle for 20 years to get alimony from her husband, and the Gujarat High Court on Tuesday stated in an order that she was entitled to get Rs 150 per month towards maintenance. Yasmina Sheikh had moved the high court in 1988 claiming that she has a right to get alimony from her husband, who had divorced her in October 1986. Her contention was that she had filed application for maintenance in a lower court after they separated but before the divorce took place.
November 20, 2004 | TNN
THIRUVANANTHAPURAM: A landmark ruling in Muslim wives' welfare, the Kerala High Court on Thursday, pronounced that a Muslim woman, even if remarried, was entitled to monetary relief from her former husband. The division bench comprising Justice M Ramachandran and Justice M Sasidharan Nambiar observed that under the CrPC a remarried divorcee was not eligible for alimony but under the Muslim women (Protection of Rights Act) 1986 Sec-A, remarriage was never mentioned a situation.
April 24, 2010 | Saeed Khan , TNN
AHMEDABAD: In two similar cases, men after divorcing their wives denied ever having married them just to avoid claims of alimony. In first case, Snehal Christian married Parul Patel in 1993 and got the marriage formally registered with the registrar of marriage at Mehsana. But when the woman sought alimony after separation in 2009, the husband refused her the money claiming that he had not married her at all. However, Snehal overlooked the evidence recorded at the registrar's office and continued to deny the marriage.
December 18, 2004 | RAKESH BHATNAGAR , TNN
NEW DELHI: The Supreme Court has ruled that though bigamy may be illegal under Hindu law, such a marriage can't be declared immoral and the 'illegal' wife cannot be denied alimony. The ruling came with the apex court legitimising the maintenance claim of a Hindu wife whose marriage was declared illegal on grounds that it was bigamy. The court said her husband was liable to pay alimony to her and maintenance for their children. "Keeping into consideration the present state of the statutory Hindu law, a bigamous marriage may be declared illegal being in contravention of the Hindu Marriage Act, but it cannot be said to be immoral so as to deny even the right of alimony or maintenance to a spouse financially weak and economically dependent," said a Bench of Justices D M Dharmadhikari and H K Sema on separate appeals by the litigating couple.
February 12, 2010 | Saeed Khan , TNN
AHMEDABAD: A businessman quickly transformed into a 'student' without any source of income before the Gujarat High Court recently. The transformation came about soon after the court directed a man, Jatin Gajjar, to pay alimony to his estranged wife and daughter. Following some differences, a couple of years ago, Sunita Suthar left her husband Jatin and took her daughter Maitri with her. In 2008, the wife approached a magisterial court against Gajjar and demanded maintenance amount for herself as well as for her daughter.
March 27, 2008 | TNN
SHIMLA: A woman from Kinnaur in Himachal Pradesh has filed a complaint with the State Women's Commission seeking alimony from her two husbands who deserted her. Shoba Devi, in her complaint, said her husbands of 15 years have re-married, leaving her to fend for herself. "Being illiterate and jobless, I have no resources to sustain myself and my three children," she said. She said she belongs to the state's polyandrous region where even today the practice of a woman having more than one husband persists because of socio-economic reasons.
April 12, 2004 | TNN
NEW DELHI: Maintenance is not a bone of contention between estranged couples only. Even children contest their parents' claim for a reasonable amount as alimony for survival. The law entitles destitute parents to claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC). However, often justice is delayed as confusion persists on whether only a son is liable to bear the burden of parents in old age. Section 125(1) CrPC categorically states that a son or a daughter is liable to maintain the parents.
October 27, 2010 | TNN
CHENNAI: Film director M Perarsu's bid to escape payment of Rs 15,000 as monthly alimony to his estranged wife Shanthi and minor daughter Viruthika failed, with the Madras high court dismissing his petition against the family court ruling. Justice T Sudanthiram, dismissing the revision petition of Perarasu, said: "This court feels that Shanthi was neglected by her husband (Perarasu) and she was forced to leave the matrimonial home. The maintenance amount awarded to them by the trial court is not excessive.
April 27, 2012 | TNN
NEW DELHI: A trial court has directed a non-resident Indian to pay a monthly maintenance of Rs 15,000 to his wife living in the capital, rejecting his claim that his marriage had never been solemnized with her. Additional sessions judge Rajneesh Kumar Gupta ordered the man from west Delhi to pay the maintenance to his wife while upholding a magisterial court's ruling for maintenance. "There is nothing on record to show prima facie that the respondent (woman) has sufficient means to maintain herself.
November 1, 2012 | TNN
NEW DELHI: A trial court has denied maintenance to the estranged wife of a priest after she was unable to show that she could not maintain herself. Additional sessions judge Rajneesh Kumar Gupta dismissed the woman's plea, upholding a trial court's order denying her maintenance. Taking note of the woman's income tax returns for various years, the judge said her financial condition was not such that she cannot maintain herself. "The income tax returns of the assessment year 2004-05 and 2005-06, which is in the name of the petitioner (woman)
November 25, 2012 | TNN
NEW DELHI: An increment in a man's salary has proved beneficial for his estranged wife as a trial court raised the monthly maintenance for the woman by Rs 2,000. Additional sessions judge Poonam A Bamba also asked the woman to provide the school fees receipts of their minor children to her husband, a government official, to let him have the expenses reimbursed from the government. The sessions court ruling came on the woman's appeal against a September 2009 order of a magisterial court, which had asked her husband to pay her and their two minor children a maintenance of Rs 3,500 per month.
September 23, 2010 | | tnn , TNN
AHMEDABAD: A settlement outside the court of law during divorce has no value as far as a wife's right to alimony is concerned. Gujarat high court has ruled that even if a woman forgoes her right to maintenance in an out-of-court settlement in writing, she can claim and is entitled to alimony from her estranged husband. In one such case from Panchmahal district, Sumitra Jadabhai separated from her husband Vikramsinh Rathod in 2001. They separated voluntarily through a divorce deed prepared out of court.
January 2, 2012 | TNN
NEW DELHI: Rejecting the plea of a man that he cannot pay maintenance to his estranged wife as he was unemployed, a trial court has said the "general tendency" of avoiding paying maintenance to an estranged wife by a husband on the grounds of unemployment and financial constraints is unacceptable. "It is a general tendency of husbands to deflate their income when time comes to provide maintenance to their wife and child. In such circumstances, many a times courts have to do some guess work," metropolitan magistrate Rachna Tiwari Lakhanpal said while directing the man to pay Rs 4,000 per month alimony.
April 12, 2010 | TNN
AHMEDABAD: The special law for divorced Muslim women will not come in the way if a divorcee seeks alimony from her ex-husband and the man is liable to maintain the wife till she remarries, the Gujarat High Court ruled in a 15-year-old dispute of maintenance between a separated couple. In this nearly two-decade of litigation in Valsad, Farida sought alimony from her ex-husband Shauqat Qureshi in 1992. She sought maintenance as per the provisions of Section 125 of Criminal Procedure Code (CrPC)
June 1, 2012 | P Vasanth Kumar , TNN
BANGALORE: As Rebecca D'Souza received a Re 1 coin from her husband Robert Pinto (names changed) in the presence of their advocates and the family court judge at Bangalore, the end of their seven-year marriage was marked. As the judge read out the memorandum of agreement and Rebecca received Re 1 as permanent alimony, those in court were taken aback. "One day, Rebecca called me and said she didn't want money and would settle the issue with Re 1. She said she was self-sufficient and didn't want people to say that she was living off her ex-husband's money," Uppunda S Y Kumar, Rebecca's counsel said.
June 28, 2012 | Seema Sinha , TNN
Shweta Tiwari, best known for her role in Kasautii Zindagi Kay and currently seen in Parvarish, prefers to keep a low-profile. That's because her personal life has constantly been under scrutiny, with her turbulent marriage to Raja Chaudhary and separation being in the news. Here, she talks about work, life with boyfriend actor Abhinav Kohli and more... There were rumours of you marrying Abhinav Kohli... Why would there be 'rumours' of marriage? If I am openly saying I am dating Abhinav, why would I hide my marriage.
September 13, 2008 | Swati Deshpande , TNN
MUMBAI: In a rare case that will warm the hearts of beleaguered husbands, a Hindu marriage ended on Thursday with the wife paying alimony to her blind, jobless husband. Deendayal and Gayatri Lulla, a couple in their mid-40s, had married in 1992, had a daughter in 1993, lived together until 2000 and got divorced in 2008. Just like any other divorce tale, you may say, with one spouse dragging the other to court alleging cruelty and the battle turning bitter over alimony and custody of children.
June 23, 2009
BHAVNAGAR: A renowned physician of the city has been sentenced to 80 days of imprisonment for refusing to pay alimony to his estranged wife. Pronouncing the judgment, a family court in Ahmedabad ordered that Dr VN Kakadiya be imprisoned for 10 days in a month for eight months, totaling 80 days. The judgment came after Kakadiya's wife Parul moved family court in Ahmedabad, where she has moved to her parents' house after the marriage turned sour. The court had earlier asked Kakadiya to pay a monthly alimony of Rs 7,500 to his wife.
September 11, 2012 | Smriti Singh , TNN
NEW DELHI: This could perhaps be one of the biggest divorce settlements cleared by a trial court in recent times. A Delhi-based couple has mutually agreed to part ways after 20 years of marriage with the wife walking out with Rs five crores as full and final alimony. The final settlement was recently cleared by a family court in Saket after the husband—a Delhi-based businessman—agreed to pay Rs five crores towards the maintenance of his wife and daughter. The couple, which had married in the year 1992, filed for the divorce in February 2012 and the husband had initially agreed to pay Rs one crore as the final settlement for their divorce.
February 15, 2012 | TNN
New Delhi: A senior citizen has been asked by a Delhi court to pay alimony of Rs 4,000 per month to his estranged wife, who is living separately from him in the same house. The court asked the man to pay maintenance amount to the woman after noting that he was living separately from his wife, son and daughter-in-law in the same house and was only paying his share of household expenses. The sessions court's order came on an appeal filed by the man who sought modification of the trial court's order, asking him to pay Rs 4,500 per month to the woman, on the ground that his monthly income was not more than Rs 10,000 out of which he was also bearing his grand daughter's educational and other expenses.
October 1, 2012 | PTI
NEW DELHI: A TV serial producer on Delhi and Srinagar Doordarshan panels has been ordered by a court to pay a monthly interim alimony of Rs 33,000 to his former wife. Additional sessions judge T R Naval asked TV serial producer-cum-director Khurshid Alam to pay the interim maintenance, saying he owns a number of properties and their value indicates he has sufficient income. Alam, 52, had challenged the order saying he is suffering from various ailments, including liver cancer, and is spending considerable sum on his treatment and is unable to work since 2003.
October 15, 2012 | PTI
NEW DELHI: A Delhi court has set aside an order passed by a magistrate, directing a man to pay Rs 15,000 per month as maintenance to his estranged wife on the ground that she was employed as a teacher. The order came on a revision petition filed by the husband, who had said that a magisterial court had asked him to pay Rs 15,000 as monthly alimony to his wife but it did not consider the fact that she was working as a teacher .... The wife, however, contested the plea and argued that the magistrate had considered all the relevant documents while deciding the maintenance amount.
April 1, 2012 | Bharati Dubey , TNN
Pooja Bedi , former actress and talk show host, says she was told while fighting her divorce case in 2002 that she didn't have much legal rights. Excerpts of her interview: Was the judicial process especially difficult being a woman? I was told I didn't have many legal rights and that fighting for alimony would be a long drawn-out procedure. Also, a lot of dirty linen would be washed in public. And, statistically, way back in 2002, women didn't seem to get adequate alimony or child support.
October 16, 2008 | TNN
NEW DELHI: Criticism over Maharashtra government's proposal to treat a live-in relationship at par with a legal one has prompted the National Commission for Women (NCW) to allay fears that the government was trying to legalise bigamy. The law, if cleared, would apply to a single person, unmarried or divorced. But there has been criticism from various quarters that the proposed legislation would promote bigamy and trample the rights of the legal wife and children. NCW chairperson Girija Vyas said: "We feel that the law should clearly define a person in a long-term relationship so that this clause is not misused.
August 22, 2001 | TNN
new delhi: the marriage laws amendment bill, 2001, amending various marriage and divorce laws to ensure that the question of alimony gets decided expeditiously within 60 days of the application has been passed by parliament. moving the bill in the rajya sabha, union law minister arun jaitley said the bill had been introduced in view of the weaknesses in the law which did not have any provision for providing succour while the divorce process was underway. the bill was earlier passed by the lok sabha.
December 21, 2010 | TNN
NEW DELHI: In a grim reminder that maintenance laws in the country continue to be weak and skewed against women, an independent study has found that over half of separated or divorced women were fighting legal battles for alimony in the absence of little or no financial independence. Indicating that despite inefficiency of the legal system, women were dependent on it to access their right to maintenance, a study by Economic Research Foundation said of the 405 women interviewed 213 had asked for maintenance.
October 30, 2009 | Saeed Khan , TNN
AHMEDABAD: Kishor Yadav , a contractor in Valsad, married Geeta Maganlal and both stayed together for 20 years before they separated in 2005. But when the wife sought maintenance, Yadav told the court that he had not married Geeta at all. The dispute regarding their marriage has not been resolved even after four years of legal battle, and Yadav still continues to claim that Geeta is not his wife. On the other side, Geeta provided sufficient evidence to show that she had stayed with Yadav for a long period.
October 13, 2011 | TNN
NEW DELHI: A trial court has directed an Indian professor of a European university to pay a monthly maintenance of Rs 1.5 lakh to his estranged wife, living in the national capital. Metropolitan magistrate Pooja Talwar directed the professor to pay Rs 1.5 lakh per month as alimony to his wife, who lives at Jasola in south Delhi. The professor is the director of South and South-east Asian Wing of UNIGIS International of Austria's Salzburg University. "As the salary of respondent (husband)
February 2, 2010 | Saeed Khan , TNN
AHMEDABAD: Asking a doctor to pay a monthly maintenance of Rs 15,000 to his estranged wife, Gujarat High Court on Monday said an alimony cannot be decided on the basis of a husband's income tax returns because these papers are not the gospel truth. Rani Tahelramani had filed a case under Domestic Violence Act against her Vadodara-based eye surgeon Anup Vidhani. She had also sought maintenance from her husband but a lower court turned down her plea saying a decision on her complaint would be taken soon.
July 10, 2012 | TNN
RAJKOT: A family court in Rajkot has ordered a doctor from Mendarda in Junagadh to pay Rs 30,000 per month as alimony to his wife. Dr Rajendra Ghadiya was married to Niranjana in 1996. Having been deserted after seven years of marriage, the wife had moved an application before a family court in December, 2010, seeking alimony for her two minor children and herself. The petitioner had contended that her husband was having an extramarital affair. He was also accused of torturing her before he went on to desert her. She was left to fend for herself.
June 22, 2012 | PTI
NEW DELHI: A non-resident Indian has been asked by a Delhi court to pay an alimony of Rs 33,000 a month to his estranged wife living here. Additional Sessions Judge (ASJ) Ila Rawat ordered Puneet Arora, residing in Canada with his parents and sister, to pay maintenance to his wife from January 2010 when she had moved the court for the alimony. The sessions court's order came on the woman's plea for modification of a magisterial court order, which had allowed her an alimony of Rs 33,000 a month but had slated the date of its payment from August 5, 2011, the day the trial court had given its ruling.
August 26, 2008 | TNN
NEW DELHI: After voicing their protest against the domestic violence and anti-dowry act, NGOs have targeted the National Commission for Women (NCW)'s proposal to provide alimony in live-in relationships. The commission had proposed an amendment to section 125 of the Criminal Procedure Code (CrPC) which includes widening the definition of "wife" to include a long-term relationship. Criticizing the move, Mothers and Sisters Initiative (MASI) and All India Forgotten Women (AIFW)
May 30, 2011 | Abhinav Garg
NEW DELHI: A wealthy NRI banker dumped his wife and child and then concealed his income to pay a paltry alimony. Now, he has been caught in the act. And his wife has finally got justice from the court. The Delhi high court has ordered him to pay a maintenance of Rs 70 lakh to end the matrimonial tussle. The banker is a vice-president of a Dubai-based multinational bank. Justice Ajit Bharihoke of the Delhi High Court summoned the banker to Delhi and took an undertaking from him to settle the matter and pay the amount.
August 3, 2008 | TNN
AHMEDABAD: The Gujarat High Court has decided to set up a larger Bench to adjudge the issue of default of payment of alimony afresh. This decision came after confusion arose over two conflicting judgments by separate division benches on the same issue. The Bench will finalize whether men, who fail to pay maintenance amount to their estranged wives, can be put behind the bars for more than one month. The debate arose with a petition by Rama Muru Pariya from Khambhaliya, presently lodged in jail, who has challenged a lower court's order to imprison him for 980 days.
November 29, 2012 | PTI
NEW DELHI: A woman's plea for maintenance from her husband, a retired government employee, was dismissed by a Delhi court as she failed to show that she was being neglected by him. ASJ Pawan Kumar Jain dismissed the woman's appeal saying there was no doubt that the husband has "sufficient means" but the woman, who had married him three decades ago, cannot be granted maintenance unless she proves he had refused to maintain her. ...
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