Sunday, July 5, 2009

woman who work need no maintenace

Publication: Times Of India Delhi;Date: May 14, 2009;Section: Times City;Page: 4
‘Woman who can work needs no maintenance’
Smriti Singh | TNN
New Delhi: Can a “well qualified” woman capable of getting a decent job seek maintenance from her “not so qualified”
husband? The trial court says no.
Dismissing the concept of women being the “weaker sex” and urging them to work rather than being dependent on
their “pati parmeshwar”, a district court rejected the plea of a woman seeking maintenance from her mentally disturbed
and unemployed husband.
“True, an able-bodied person can be expected to maintain himself and family members dependent upon him. The
same is equally applicable to his wife. In an advanced society like ours, a woman who is young, healthy and well-versed
cannot afford to sit idle, particularly when facing difficult circumstances, as the applicant in this case,” additional district
judge Rajender Kumar Shastri said.
“According to Hindu mythology, a woman had to remain dependent her entire life. All such notions have disappeared
into oblivion now. Women are not parasites. The concept of “pati parmeshwar” has already been jettisoned and is
substituted by equal partner in life. We cannot allow this better half to remain a protege of her male partner for life,” ADJ
Shastri added.
Seeking a maintenance of Rs 10,000 per month along with Rs 21,000 as litigation expenses, the woman had knocked
on the court’s door after her husband had filed a divorce case in the court alleging that his wife was having an affair with
an another man and was treating him cruelly.
In her petition, the woman said she had no independent source of income and was dependent on her father for
survival. She also claimed that her husband was employed and was earning Rs 20,000 per month as salary.
Her husband denied all the claims. Filing a reply through his counsel M K Magan, the man claimed that he was earlier
working in some shop and earned a meagre salary. After the turbulence in his married life, he lost his job. He alleged
that his wife had abandoned her son also and eloped with another man.
He also claimed that he was receiving treatment at the Institute of Human Behaviour and Allied Sciences, Shahadra.
During deliberations, the court found out that the applicant was unemployed. The court also noted that the woman was a
graduate and her husband had only cleared his senior secondary examination.
Cautious about not “pre judging” the case at the initial stage, the court after hearing the arguments, noted that it could
not shut its eyes from the allegations made by the husband which were supported with evidence. “It will be unjust to
emburden the husband to pay maintenance to the wife who is equally able bodied and rather more qualified and
competent to earn,” ADJ Shastri said while dismissing the application.
What the judge said
It will be unjust to burden the husband to pay an amount of maintenance to wife who is equally able and rather more
qualified and competent to earn With development of society, women are not parasites upon male members of their
family The vestiges of male chauvinism are being weeded out. We cannot allow this better half (woman) to remain
protege of her male partner forever NOT THE FIRST TIME
January ’09
A court in Karkardooma had ordered a woman to pay her husband maintenance this year
‘Woman who can work needs no maintenance’
1 of 2 6/10/2009 11:58 AM
February ’09
Court rejected maintenance plea of woman stating she cannot seek maintenance to enrich her lifestyle
May 13, ’09
Woman denied maintenance for being more qualified and capable to work
‘Woman who can work needs no maintenance’
2 of 2 6/10/2009 11:58 AM

1 comment:

  1. I am unable to find the judgement of "Additional District
    Judge Rajender Kumar Shastri"...
    Please give the proper link...