NO MARRIAGE EXPENSES CAN BE CLAIMED AND INCURRED BY EITHER OF THE PARTY: BOMBAY HC JUDGEMENT

http://indiankanoon.org/doc/462782/

Bombay High CourtSudha Suhas Nandanvankar vs Suhas Ramrao Nandanvankar on 15 September, 2004Equivalent citations: AIR 2005 Bom 62, 2005 (1) BomCR 591, 2004 (4) MhLj 1052Author: S MhaseBench: S Mhase, R MohiteJUDGMENTS.B. Mhase, J.1.

This appeal is directed against the Judgment and Order passed in Misc. Application No. 60 of 2000 on 5-8-2000 by the Family Court, Bandra in an application preferred underSections 27 and 25 of the Hindu Marriage Act, inter alia, making prayer that the stridhan of the applicant be returned and also permanent alimony be granted. The said application was partly allowed by the Family Court. However, in respect of part rejection of the application, this appeal has been preferred.2. The applicant was married with the opponent on 21-5-1995 according to Hindu Laws.

The said marriage has been annulled by a-decree of nullity dated 16-3-1996 on a ground that the applicant-wife was suffering from epilepsy at the time of marriage. Even though the said decree was ex-parte, the said decree was not challenged by the applicant-wife. However, after passing of the said decree, the notice was issued by the applicant for return of the articles which were presented to her at the time of marriage by her parents as per the list. It is further claimed that the expenses incurred for the said marriage of Rs. 31,876/- be returned. During the pendency of this application the applicant-wife further submitted the application (Exh.16) for return of the articles and jewellery which was presented to her by her in-laws at the time of marriage. She has further claimed permanent alimony.

The Family Court has rejected the claim of Rs. 31,876/- which was incurred by the parents of the' applicant-wife for the purposes of marriage expenses on the ground that there is no provision to return such amount. At the time of argument of this matter, the learned Counsel for the appellant-wife fairly conceded that there is no provision for return of such marriage expenses and therefore, unless there is a provision to that effect, the trial Court was justified in rejecting the claim for the marriage expenses to the extent of Rs. 31,876/-. The trial Court has also rejected the claim in respect of the golden articles and jewellery as listed in (Exh.16). This appeal is mainly directed against the said finding of the trial Court. We need not go to list of those articles but what we find that all these articles, as per the claim made by the applicant-wife, have been presented to her by the in-laws viz. mother-in-law, sister-in-law i.e. (sister of the husband), another sister-in-law i.e. the wife of the brother of the husband and so on. Naturally, as these Articles have been presented by the in-laws, the applicant has not produced any evidence to demonstrate that these articles were purchased by her in-laws at any point of time. However, she had entered into witness box and stated that these articles were presented to her. In order to support her testimony, she has produced the photographs which were taken at the time of marriage wherein these articles were reflected as having been put on her and thereby claiming that these articles were with her and they have not been returned by the husband. Since they found to be stridhan, she is entitled to return of the same. The husband has denied that such articles were ever presented to the applicant-wife. According to him these articles were not presented at any point of time and he further made a suggestion in the cross-examination that these articles were of the parents of the appellant-wife which were put on by her parents in order to have a show of the presentation of such articles and he calls it as a "mandap show". Such suggestion has been denied by the applicant-wife.

However, it is pertinent to note that if these articles were presented to her, she should have examined some witnesses who were present at the time of marriage in the presence of whom these articles were presented by her in-laws. However, she has not examined her father and mother. She has not examined any friend who may be accompanied her at the time of said marriage ceremony to demonstrate that such articles were presented during the marriage ceremony to her. As against this, what we have noticed that the respondent-husband has entered into witness box to depose that such articles were not presented. Apart from that respondent-husband has examined his parents. The parents have also stated that such articles were not presented to the appellant-wife and therefore, the respondent has brought on record the primary evidence to demonstrate that such articles were never presented.

Learned Counsel for the applicant tried to submit that since these articles will have to be returned to the appellant-wife, the respondent and his parents are making statements that such articles were not presented. However, what we find that in that eventuality, these witnesses have been cross-examined and nothing have been brought in the cross-examination to demonstrate that these witnesses were supressing the truth. We have gone through the evidence of the parents and noticed that the evidence is convincing one and the trial Court has rightly appreciated the evidence.

Therefore, we find that appellant has failed to establish that such articles were presented by her in-laws in the marriage ceremony.3. Apart from this, we have taken into consideration that when the first notice was given the articles mentioned in the list Exh.16 were not demanded. Not only that when the application was filed, in the said application there was no demand for the articles. It is during the pendency of the application, the Exh.16 was submitted to the Family Court making claim towards specific articles. Those articles were golden and jewellery articles and such important stridhan will not be forgotten by the appellant-wife till the pendency of the application. In that context it is reflected that it is a after thought decision to claim the articles and we find that the observation and finding recorded by the Family Court are proper and justified one and we find that there is no merit in the submission of the learned Counsel that the Family Court should have allowed the list (Exh.i6).

4. So far as the articles which are directed to be returned to the appellant-wife, we find that the findings have been rightly recorded and no interference is called for. Apart from that there was a counter appeal filed by the first party challenging the said order. The said appeal is withdrawn by the respondent-husband as not pressed and therefore, we confirm that part of the Family Court's order.5. The last question which requires consideration is in respect of the alimony. It is an admitted fact that the decree for nullity has been passed underSection 5(ii)(c) since the appellant was suffering from epilepsy. Since the learned Advocate for the appellant submits that underSection 25 the alimony has to be paid at the time of passing of the final decree. He relied on the decision in the case of Shantaram Tukaram Patil and anr. vs. Dagubai Tukaram Patil and ors. reported in 1987 Mh.LJ. 179. He further pointed out that the said Judgment is relied upon by the single Judge in a subsequent Judgment in the case of Krishnakant vs. Reena reported in 1999 (1) Mh.LJ. 388 and submitted that even though the decree of nullity was passed the petitioner is entitled to claim alimony under Section 25. The learned Counsel for the respondent submitted that both these Judgments have considered the aspect that the entitlement of the party for permanent alimony and more specifically right of the wife. However, he submitted that the said right is available on condition that taking into consideration the conduct and the circumstances of case the Court is satisfied that alimony shall be granted. According to him after marriage, immediately there was a "Satyanarayan Pooja" and for the first time husband and wife came together. The respondent-husband found that the appellant-wife is a patient of epilepsy and on the next day, he has called on to the parents of appellant-wife and the father of the appellant came along with the Doctor to discuss. Learned Counsel further stated that the father requested respondent to allow the appellant to stay with respondent and the medical expenses will be borne by the father of the appellant. He submitted that thus the fact that the appellant was suffering from epilepsy was not disclosed at the time of settlement of marriage and till the marriage is performed.

He further submitted that even though on 1 or 2 occasions, prior to the marriage there was a meeting of respondent husband and appellant-wife, still the appellant wife has not disclosed that she is a patient of epilepsy. Thus he submitted that the conduct of the appellant and her parents in not disclosing that the appellant wife is suffering from epilepsy is itself a fraudulent and therefore, the party which takes the benefit of it, shall not be allowed to take such benefit and this circumstance may be taken into consideration. Relevant portion of Section 25 of the Hindu Marriage Act, 1955 is as follows :-Section 25.- Permanent alimony and maintenance - (1) Any Court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having reward to the respondent's own income and other property, if any, the income and other property of the applicant, (the conduct of the parties and other circumstances of the case), it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.In the facts and circumstances of the present case what we find that since the decree for nullity of marriage is passed underSection 5(ii)(c) we have to consider as to whether order for amount of alimony is to be passed. In view of the above referred 2 Judgments which have been relied by the Counsel for the appellant, we do not find any difficulty to conclude that in such a decree the wife is entitled to have a permanent alimony.

However, whether the conduct of the parties and other circumstances involved in this case will allow us to pass such order is the main question. It is an admitted fact that the marriage was celebrated on 21-5-1995 and within 4 days from the date of marriage, 'Satyanarayan Pooja' was performed in the matrimonial home and thereafter husband and wife were allowed to stay with each other. However, when it was found that the appellant-wife is suffering from epilepsy the marriage was not consumated and on 27-5-1995 the respondent-husband has contacted the appellant's father. The applicant's father and mother accompanied by the Doctor attached to the Poddar hospital came to the house of the respondent-husband and thereafter they discussed about the fact of suffering of the epilepsy. The appellant's father showed willingness to incur the medical expenses for the treatment of the appellant. However, he requested the Respondent to allow the appellant to stay in the house of the respondent-husband. This was not accepted by the respondent and therefore, the father of the appellant has taken the appellant and thereafter, a petition for nullity of marriage was filed in which ex-parte decree was passed.

The said decree is not challenged. Thereafter, the applicant has filed this application for the permanent alimony. It is pertinent to note that the parents and/or father of the appellant have not entered into a witness box either to depose that the fact of the epilepsy was disclosed to the respondent husband at the time of settlement of carriage nor the appellant has stated in her evidence that at any point of time prior to the marriage when they have seen each other said fact was disclosed to the respondent-husband. Therefore, the only inference is that till the marriage is performed the respondent was not aware of the fact that the appellant is a patient of epilepsy. The moment he got knowledge, he has not consummated the marriage and called the parents of the appellant and thereafter appellant was taken by the parents. This shows that had the fact been disclosed prior to the performance of the marriage, the respondent-husband would not have conducted such marriage with the appellant-wife. The non disclosure by the parents of the appellant and the appellant accepting the decree as it is without making any grudge that in respect of the ground that the appellant was suffering from the epilepsy prior to the marriage reflects upon the conduct of the appellant and if we take into consideration this aspect what we find is that the appellant is trying to take advantage of her wrong or fraud and is trying to harass the respondent by claiming the amount of alimony. But what we find is that after a decree of annulment the respondent has married and he is having a child. Now this appears to be an attempt on the part of the appellant and her parents to disturb the marital life of the respondent which he has tried to settle after annulment of the marriage. This is an attempt to shift the liability of maintenance by the appellant-wife on a husband who was not at fault and who has not consummated the marriage. Even though the law permits the right of the alimony in favour of the appellant, however, the conduct and the circumstances involved in the present case does not permit us to pass an order of permanent alimony in favour of the appellant. We find that the findings recorded by the Family Court are just and proper and no interference is called for.6. In the result, we find that there is no substance in the appeal and hence, appeal is hereby dismissed with no order as to costs.

Desh ke naujawaano yebam bujurgon kripya dhyan de.., Case no. 498a caw cell se chalke ....

Desh ke shaadi shuda naujawaano yebam bujurgon kripya dhyan de.., Case no. 498a caw cell se chalke ...FIR hote hue Via IO, LAWYER, POLICE aur Court hote hue bas Kabhi bhi aapke uppar prasthan kar rahi hai...

Deshwasion se anurodh hai, Kripya aapne apne gharon me Nim likhit Paristhitiyon ko dekh le:


s*x mein satisfy nai kiya----498a


Agar Sex mein over satisfy kiya-------498a

baat nai suna--------498a

Biwi ke BF ko cheda -----498a

Biwi se sawal kiya--------498a

Biwi ke baap bhai ko namaste nai kiya---------498a

Biwi ke fijul ke kharche band kiya-------498a

Biwi ko mayake jaane se roka--------498a

Biwi ke naam pe ghar nai kiya------------498a

Biwi ke gharwale ko paise nai bheja----------498a

Biwi ke saas bahu ke serial ke badale news channel lagaya------498a


aapne Bhudde Maa baap ko saath me rakha-------498a

Biwi ko subah subah Chaye banane ko kaha-------498a

Biwi ke Kutte ko Hi nai kaha------498a

Itna hone par apne Jubaan pe centre fresh lagaam nai lagaya------498a

Itu si bhi Muhn khola--------498a


Case lage hone pe kripya katar me lage rahe.......

Ati Bilamb ke liye Humme khed hai..,


Tab Tak Biwi ke parvarish ke liye sahyog karien Yebam unke har Pratarna Ko sahe...!





Aapki 498a yaatra Mangalmay ho..!

Dhanyabad...

http://everysuffererisasaviour.blogspot.in/search/label/Jokes%20on%20Biased%20Law%20and%20Marriage

AFTER SC LATEST RULLING ON ARREST IN 498A...SOME WHAT RELIEF TO OLD PARENTS

http://www.telegraphindia.com/1140704/jsp/bihar/story_18578504.jsp#.U9pLi2ZX5cs to

Relief follows 498A ruling


RAMASHANKARThe Supreme Court ruling on imposing Section 498A without investigation has come as a great relief for many a husband and even senior citizens.The relatives of Awadhesh Pathak, a retired schoolteacher, felt elated after coming to know about the Supreme Court guidelines on Wednesday. Pathak, 67, was arrested and lodged in the Barh sub-divisional jail about three months ago after his daughter-in-law Ragini (27) accused him along with seven other members of the family of harassing her for dowry.The apex court’s ruling has restrained the police from mechanically arresting the accused merely on the basis of lodging of complaints under Section 498A (harassing women for dowry) of the IPC.Pathak’s relatives have been running from pillar to post to secure bail for the retired teacher and his 62-year-old wife Sunita Devi. The couple, originally hailing from Mahua in Vaishali district, had settled in Patna after their son Manoj Kumar, a software engineer, got a job in a telecommunication company. Manoj was married to Rajini, daughter of an engineer of Barh, about three years ago.Ragini lodged a complaint with the Barh police station accusing her husband, in-laws, their two married daughters and their husbands. The police conducted a raid at their rented accommodation at Rajeev Nagar in April this year and took Pathak and his wife into custody. The couple were booked under Section 498A of the IPC and Section 3/4 of the Dowry Prohibition Act, 1961.Pathak’s daughter Anamika, whose name also figured in the FIR, said she and her husband had nothing to do with the case but they have been accused of harassing Ragini for more dowry. “We don’t stay in Patna and have not visited my parents’ house after my brother’s wedding. How can we torture her?” she said.Pathak’s bail petition was rejected from the sub-divisional court and is pending with the high court. “Now it’s our turn to seek bail. Our anticipatory bail has already been rejected,” she said.Pathak’s son, Manoj had to lose job as he was behind bars for six months.The story of Shivaji Pandey, a retired engineer of the irrigation department, is more pathetic. Pandey, a resident of Ashiana Nagar, was recently arrested with his wife by a Delhi police team. The couple were charged with harassing their daughter-in-law, Meenaxi. She lodged a complaint against her husband Vivek and other relatives under Section 498A of the IPC.The couple had to spend about two weeks in a high security jail in Delhi despite the fact that their daughter-in-law had hardly stayed with them in Patna. “Vivek, a software engineer, is working with a telecommunication company in US. He used to send money from there. Yet he has been made accused in the case,” a close relative of Pandey said.The relative, who requested anonymity, said the couple would hardly forget the humiliation they had to face in the court.The complainant’s relative is an IPS officer, who allegedly used his influence to get the couple arrested at the earliest. The marriage of Meenaxi was solemnised in 2006.The family members of Sudarshan Mahto, who too are facing dowry charges, are all praise for the Supreme Court for issuing new guidelines. “We hope that the court would grant bail to us in the wake of the recent directive of the apex court. A complaint has been lodged against Mahto, an employee of a nationalised bank, with the Bihta police station,” he added.Share on emailShare on printShare on facebookShare on twitterMore Sharing Services

NEW SISTER COURT OF LOWER COURT WILL JOLT YOU-MIND IT

One side Apex court gives relief to the untouched harrasments coming through decades and at other side the NCW is on the verge of giving a jolt to the indian males.The power of attorney to harrass the innocents will be continued through the vested powers of court to NCW as this commission would send summons and warrants directly to any accused just like a lower courts do.This much awaited drafting of women empowerment will begin soon if every thing goes on right track.The corruption level of india is rooted by the lowest court of India and now one more sister court is going to be release soon....Lets cross our fingers and pray for the acche din of women as well as innocent males who may not become the salt of the taste for these new brand of indian court.

Below is the rolling stories from publications about the above news: NCW to get civil court status | The Indian Express indianexpress.com/article/india/india-others/ncw-to-get-civil-court-status/Jun 25, 2014 - “We are working on the amendments to the NCW Act to extend its ... The commission will be deemed to be a civil court with powers to issue ... powers to
NCW through - NCW::Reviews of Laws relating to Women ncw.nic.in/frmReportLaws21.aspxThe Central Government may, by rules, make provision for the terms and ... under this Act,have all the powers of a Civil court trying a suit under the code of Civil ... The Family Courts Act,1984 - NCW::Reviews of Laws relating to ... ncw.nic.in/frmReportLaws30.aspxWhen exercising jurisdiction under, sub-section 1), the Family Court shall have all the powers of an ordinary civil court of unlimited pecuniary jurisdiction.[PDF] THE NATIONAL COMMISSION FOR WOMEN ACT, 1990 NO. 20 OF ... www.ncw.nic.in/PDFFiles/ncwact.pdfstanding who have had experience in law or legislation, trade unionism, management of .... sub-section (I), have all the powers of a civil court trying a suit and, ... National Commission for Women proposed to acquire status of Civil ... www.livelaw.in/national-commission-women-proposed-acquire-status-civil-...6 days ago - The Commission will be elevated to the status of a civil court, with its ... Regular meetings will be conducted and it will have the powers to initiate ...

The National Commission for Women (NCW) was constituted on 31st January, ... NCW set to be elevated to the status of civil court - YouTube ► 1:05► 1:05www.youtube.com/watch?v=EAyZ2Al_i8gJun 25, 2014 - Uploaded by newsxliveNCW set to be elevated to the status of civil court ... commission will havethe status of a ... NCW's demand for judicial powers is fundamentally flawed and ... www.merinews.com/article/ncws-demand...powers-is.../15898732.shtml7 days ago - If the NCW's logic of conferring it with powers of a court to hear ... will also be fully justified in demanding civil court powers to their welfare bodies. ... in any case would never stand a chance to get any justice from a court, ...

The Supreme Court of India explains the meaning of Anticipatory Bail

The Supreme Court of India explains the meaning of Anticipatory Bail and lays the conditions for granting it. Here are the 9 guidelines as laid down by a constitution bench, which the Courts are required to keep in mind while dealing with an application for grant of anticipatory bail: i) Though the power conferred under Section 438 of the Code can be described as of an extraordinary character, but this does not justify the conclusion that the power must be exercised in exceptional cases only because it is of an extraordinary character. Nonetheless, the discretion under the Section has to be exercised with due care and circumspection depending on circumstances justifying its exercise. ii) Before power under sub-section (1) of Section 438 of the Code is exercised, the Court must be satisfied that the applicant invoking the provision has reason to believe that he is likely to be arrested for a non-bailable offence and that belief must be founded on reasonable grounds. Mere “fear” is not belief, for which reason, it is not enough for the applicant to show that he has some sort of vague apprehension that some one is going to make an accusation against him, in pursuance of which he may be arrested. The grounds on which the belief of the applicant is based that he may be arrested for a non-bailable offence, must be capable of being examined by the Court objectively. Specific events and facts must be disclosed by the applicant in order to enable the Court to judge of the reasonableness of his belief, the existence of which is the sine qua non of the exercise of power conferred by the Section. iii) The observations made in Balchand Jain’s case (supra), regarding the nature of the power conferred by Section 438 and regarding the question whether the conditions mentioned in Section 437 should be read into Section 438 cannot be treated as conclusive on the point. There is no warrant for reading into Section 438, the conditions subject to which bail can be granted under Section 437(1) of the Code and therefore, anticipatory bail cannot be refused in respect of offences like criminal breach of trust for the mere reason that the punishment provided for is imprisonment for life. Circumstances may broadly justify the grant of bail in such cases too, though of course, the Court is free to refuse anticipatory bail in any case if there is material before it justifying such refusal. iv) No blanket order of bail should be passed and the Court which grants anticipatory bail must take care to specify the offence or the offences in respect of which alone the order will be effective. While granting relief under Section 438(1) of the Code, appropriate conditions can be imposed under Section 438(2) so as to ensure an uninterrupted investigation. One such condition can even be that in the event of the police making out a case of a likely discovery under Section 27 of the Evidence Act, the person released on bail shall be liable to be taken in police custody for facilitating the recovery. Otherwise, such an order can become a charter of lawlessness and a weapon to stifle prompt investigation into offences which could not possibly be predicated when the order was passed. v) The filing of First Information Report (FIR) is not a condition precedent to the exercise of power under Section 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an FIR is not yet filed. vi) An anticipatory bail can be granted even after an FIR is filed so long as the applicant has not been arrested. vii) The provisions of Section 438 cannot be invoked after the arrest of the accused. After arrest, the accused must seek his remedy under Section 437 or Section 439 of the Code, if he wants to be released on bail in respect of the offence or offences for which he is arrested. viii) An interim bail order can be passed under Section 438 of the Code without notice to the Public Prosecutor but notice should be issued to the Public Prosecutor or to the Government advocate forthwith and the question of bail should be re-examined in the light of respective contentions of the parties. The ad-interim order too must conform to the requirements of the Section and suitable conditions should be imposed on the applicant even at that stage. ix) Though it is not necessary that the operation of an order passed under Section 438(1) of the Code be limited in point of time but the Court may, if there are reasons for doing so, limit the operation of the order to a short period until after the filing of FIR in respect of the matter covered by the order. The applicant may, in such cases, be directed to obtain an order of bail under Section 437 or 439 of the Code within a reasonable short period after the filing of the FIR. Here is the judgment: SAVITRI AGARWAL Vs STATE OF MAHARASHTRA – 2009

RIGHT TO FIGHT HIS/HER OWN CASE AS PARTY IN PERSON...!!

Petitioner has right to appear in person

Most of the citizens, who are involved in legal battles, are not aware of the fact that a citizen can plead the case in the court of law in person without engaging a lawyer.
THERE IS an old saying that it is the wearer who knows where the shoe pinches. So if you are an aggrieved or an affected party, and feel that you have a strong case to contest in the court of law, you are the better person who can plead the case and put forth your view point with authority, no matter whether you are an advocate or not. As a petitioner in person, you have a primary right to contest any of your civil or criminal case even without engaging an advocate.

According to Sunil Sethi, former president of Jammu Bar association, it is not necessary at all for a petitioner to engage a lawyer. In fact, an advocate is just a substitute and under order Three of Civil Procedure Code, an advocate is an attorney - a person appointed to act for the petitioner.

Sethi says that to appear in person in the court, one doesn’t require a law degree at all. “Even the petitioner can engage another person to plead the case. That other person also doesn’t require to be a lawyer. Simply, in such a case the permission of the court is required.

If a petitioner doesn’t have resources to engage a lawyer or cannot also plead of his own, in such case, he can approach Legal Aid committee who can engage an advocate for the petitioner on government expenses. These Legal Aid committees are at district level (headed by Sessions Judge) and at state level, headed by a judge of a High Court.

Sethi says that if a person wants to plead the case of his own, he doesn’t need to put on an advocate’s uniform. Further, if he can not write the writ petition, the same can be drafted by engaging an advocate, but the case in the court can be pleaded by the petitioner himself, if he wishes so.

It is not also necessary to engage an advocate for the entire case till it comes to its logical conclusion. “Even the petitioner has the right to change the advocate and engage another at any stage of case, opines senior Jammu and Kashmir High Court advocate SS Anand Lehar.

Dwelling upon criminal cases, Lehar says that no trial begins before an accused is given an opportunity to engage a lawyer. In case the accused is not in a position or doesn’t want to engage a lawyer, the court is bound to give him the services of an ‘Amicus Curie’- an advocate who will be asked by the Court to represent the case and the money for the same will be borne by the court.

If the accused neither engages the advocate nor takes the services of ‘Amicus Curie’, the Judge will be in that case himself examining the witness. Even the accused himself has the right to cross-examine the witnesses.

While giving reference of the law, Lehar says that under Article 21 of the Indian Constitution (seeking safeguard of life and liberty of an individual), even a foreigner can approach Indian Courts and that too without an advocate. Even those who have illegally come to India or detained after crossing the border, can seek justice under this provision and can plead for liberty if detained beyond the period of detention.

So the next time, when you are engaged in any legal dispute, be it a consumer case, a civil or a matrimonial dispute, if you are sure that you can plead the case of your own, you have the right to appear before the judge - but remember, maintaining the dignity of the court is everybody’s prime duty.

Source : "http://www.merinews.com/article/petitioner-has-right-to-appear-in-person/127492.shtml"

Man seeked Maintenance of Rs. 8000/- from his Liv-in Partner of 10 years

Man seeks alimony from partner

Saswati Mukherjee, TNN | Jul 14, 2010, 03.23AM IST

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 the woman, who is 42, in a fit of rage filed a case of 'dowry harassment' against her jobless live-in partner, who is 51, alleging that he was physically assaulting her.

The woman, a multi-purpose health worker with a government hospital with a decent monthly salary of Rs 20,000 (especially in the context of a small town like Mahbubnagar), even moved out of the house with the child.

With sections 498 A, 506 and 509 of IPC pressed against him, the man moved the AP High Court seeking anticipatory bail stating that the charges were invalid since the two were never legally married. And then he served a googly — he filed a simultaneous petition seeking maintenance of Rs 8,000 from his live-in partner of 10 years.

When the case first came up for hearing at the High Court a few days ago, the counsel representing the man referred to a recent Supreme Court judgment wherein the apex court had granted alimony to a woman in a live-in relationship from her partner citing that the number of years the two had put together were 'considerable', akin to a marriage. The man in this case has now pinned his hope on the apex court verdict with his counsel arguing how he too has put in 10 years of his life into this relationship and is thus a 'considerable' time period for him to earn his alimony from the earning partner.

In the first hearing, the HC judge had asked the man's counsel to look into the merits of the case himself and also consider whether the SC judgment can apply here, given the difference in the gender of the alimony seeker.
A similar case was filed by a Tamil Nadu resident Kalaiselvan who had sought a whopping Rs 25 lakh from his ex-wife, a news story that flashes on many websites catering to aggrieved husbands. But the judgment on the case is awaited.

On Tuesday, the HC posted the Mahbubnagar man's alimony petition case for its next hearing on July 30. Clearly, an unusual gender test for the AP High Court.

http://timesofindia.indiatimes.com/city/hyderabad/Man-seeks-alimony-from-partner/articleshow/6164976.cms?referral=PM