HUSBAND IS NOT BOUND TO PAY MAINTENANCE TO QUALIFIED WIFE WHO IS SITTING IDLE

The application has been contested by the non-applicant/ husband, who in his reply has stated that the applicant/wife is a well-qualified graduate Engineer in the field of Information Technology and just after the marriage she had joined the service of a private firm and was drawing a handsome salary as initially, she was taking Rs. 5000/-pm. Nowadays she is competent and qualified to earn thousands of rupees per month. She is a qualified trained engineer and she is self stand financially in all respects. The non-applicant/ husband has never neglected or refused to maintain her in any manner and she was duly maintained during her stay in her matrimonial home. The non-applicant/ husband is still ready and willing to provide financial assistance or maintenance if required or needed by her for any purpose in any manner.

IN THE COURT OF MS. MADHU JAIN 
ADDL. DISTRICT JUDGE
ROHINI COURT : DELHI
M No. 28/07 Sh. Neeraj Aggarwal –
Petitioner Vs.
Mrs. Veeka Aggarwal – Respondent

ORDER

1.. This is an order on application under Section 24 of Hindu Marriage Act filed by the applicant wife, respondent in the main case (hereinafter referred to as the applicant) against the non-applicant husband, petitioner in the main case (hereinafter referred to as the non-applicant) for grant of maintenance pendentelite and for litigation expenses.

2.. In the application it is stated that the applicant/ wife has no independent source of income and she is not given any kind of maintenance by the non-applicant/ husband to live her life properly and therefore she is facing much hardship in the life. The non-applicant/ husband has flatly refused to maintain her. The non-applicant/ husband is working in a private sector as a Senior Software Engineer HPC in STM Microelectronics Pvt. Ltd., Plot No.1 A, Knowledge Park-2 (near LG Gol Chakkar), Greater Noida and is earning about Rs. 80,000/-pm.

He has no other liability and he is not discharging his responsibilities towards the applicant/ wife with ulterior motives to harass and humiliate the applicant/ wife. The applicant/ wife is the legally wedded wife of the non-applicant/ husband and, thus, being a husband, he is bound to maintain the applicant/ wife. The applicant/ wife is fully dependent on the mercy of her parents, who are having other liabilities also and she has no independent source of income to maintain herself. It is, therefore, prayed that the non-applicant/ husband be directed to pay a sum of Rs. 30,000/-pm as maintenance allowance pendentelite to the applicant/ wife and expenses of proceedings.

3.. The application has been contested by the non-applicant/ husband, who in his reply has stated that the applicant/wife is a well qualified graduate Engineer in the field of information Technology and just after the marriage she had joined the service of a private firm and was drawing a handsome salary as initially she was taking Rs. 5000/-pm. Now-a-days she is competent and qualified to earn thousands of rupees per month. She is a qualified trained engineer and she is self stand financially in all respects. The non-applicant/ husband has never neglected or refused to maintain her in any manner and she was duly maintained during her stay in her matrimonial home. The non-applicant/ husband is still ready and willing to provide financial assistance or maintenance if required or needed by her for any purpose in any manner.

 It is not denied that the non-applicant/ husband is also a qualified engineer and is employed in Greater Noida, U.P. but the actual amount of monthly salary being drawn by him is Rs. 45,000/-pm. It is stated that he has to maintain his retired father and ailing, diabetic mother and old grandmother and also to treat his two married sisters and to look-after his younger unmarried under-education sister of marriageable age as his younger sister is doing B.Ed. from a regular college. He is also paying loan premiums and other household expenses. The applicant/ wife has herself deserted her matrimonial home without any threats or atrocities caused to her by her in-laws and she is not returning to her matrimonial home despite the petition for restitution of conjugal rights filed by the non-applicant/ husband.

It is stated that the non-applicant/ husband is publicly and openly as well as warmly welcoming the applicant/ wife to her matrimonial home but she has started demanding maintenance sitting in her parental home to feed her greedy parents and selfish relatives instead of returning to her matrimonial home and to assist the non- applicant/ husband and her other in-laws in her matrimonial home at the time of need. It is stated that the conduct, attitude and nature of the applicant/ wife is of such type that she is not entitled for any maintenance. Further more, she has also filed a separate petition U/s 125Cr. P.C. for maintenance only with a view to get the non-applicant/ husband harassed in a criminal court.

It is stated that the applicant/ wife is not a helpless or poor lady and she is not incapable to maintain herself as she is a well qualified engineer and is already an earning hand. She is handing over all her income to her parents. She does not require any monastery assistance from the non-applicant/ husband as she is already having a good bank balance in State Bank of Bikaner & Jaipur at Rohini, Sector-5, Delhi , bearing A/c No. 61005521399 and several other bank accounts also. She also has some immovable properties in her name. It is denied that she requires Rs. 30,000/- as maintenance and other charges as prayed. It is, therefore, prayed that the application be dismissed with heavy cost.

4.. I have heard the Ld. Counsel for both the parties and have carefully perused the record.

5.. During the course of arguments it has not been denied by the Counsel for the applicant/ wife that the applicant/ wife herself is an engineer graduate in the field of Information Technology. Ld. Counsel for the applicant/ wife submitted that the applicant/ wife submitted that the applicant/ wife joined the job for some time after the marriage but thereafter due to the marital disputes she is not in a position to pursue her job and has left the same. In her entire application the applicant/ wife has no where stated that she is also an engineer graduate in the field of Information Technology and that she also joined the job after her marriage. Those seeking justice and equity from the Court must come to the court with clean hands.

It seems that for obvious reasons and to extract money the applicant/ wife has not disclosed her true qualifications in the Court. The applicant/ wife is an engineer graduate and, therefore, can very well maintain herself and there is no need for her to depend upon the mercy of her parents or on the non-applicant/ husband. The purpose of Section 24 of H.M. Act is not to extract money from the other party and the court should not be a forum to extract the money or to blackmail the other party. In II (2000) DMC 170 titled as Mamta Jaiswal Vs. Rajesh Jaiswal, the Hon’ble Madhya Pradesh High Court has observed as under:- “Section 24 – Pendente Lite Alimony : Purpose of Enactment : Not meant for supporting idle (Qualified) spouses waiting for ‘Dole’ to be Awarded by her husband – Section 24 has been enacted for purpose of providing monetary assistance to such spouse who is incapable of supporting himself/ herself in spite of sincere efforts – Spouse well qualified to get service immediately with less efforts is not expected to remain idle to squeeze out his/her purse by cut in nature of pendent elite alimony – Wife well qualified woman possessing qualification like M.Sc., M.C. M.Ed – How can such a lady remain without service – lady who is fighting matrimonial petition filed for divorce, cannot be permitted to sit idle and put her burden on husband for demanding – pendente lite alimony from him during pendency of matrimonial petition.”

6.. In I (2001) DMC 19 titled Sangitaben Rasiklal Jaiswal Vs. Sanjay Kumar Ratilal Jaiswal, Mehsana, the Hon’ble Gujarat High Court has held that the wife is entitled for Free Legal Aid and therefore, the Court should keep in mind that wife is entitled for free legal services also.

7.. In the present case the applicant/ wife is a well qualified engineer and, therefore, there is no need for her to sit idle at home waiting for the maintenance from the non-applicant/ husband. In the peculiar facts and circumstances of the case since the applicant/ wife is well qualified and, therefore, can earn handsome amount by working and there is no need for her to be financially dependent upon her parents or on the non-applicant/ husband, she is not entitled for any maintenance. While hearing arguments on the application it was ordered that the maintenance shall be granted to the wife till the disposal of the petition. This sentence in order sheet dated 27.08.2007 only means that the wife is entitled for the maintenance from the date of filing of the application till the disposal of the main petition and not thereafter. It no where reflects that the wife shall be entitled to maintenance I every case come what may.

8.. Therefore, in view of the above said discussion, the application U/s 24 Hindu Marriage Act of the applicant/ wife is dismissed. There shall be no orders as to cost. File be consigned to Record Room. 
Announced in Open Court Dated : 19.09.2007

In her entire application the applicant/ wife has no where stated that she is also an engineer graduate in the field of Information Technology and that she also joined the job after her marriage. Those seeking justice and equity from the Court must come to the court with clean hands. It seems that for obvious reasons and to extract money the applicant/ wife has not disclosed her true qualifications in the Court. The applicant/ wife is an engineer graduate and, therefore, can very well maintain herself and there is no need for her to depend upon the mercy of her parents or on the non-applicant/ husband.

The purpose of Section 24 of H.M. Act is not to extract money from the other party and the court should not be a forum to extract the money or to blackmail the other party. In II (2000) DMC 170 titled as Mamta Jaiswal Vs. Rajesh Jaiswal, the Hon’ble Madhya Pradesh High Court has observed as under:- “Section 24 – Pendente Lite Alimony : Purpose of Enactment : Not meant for supporting idle (Qualified) spouses waiting for ‘Dole’ to be Awarded by her husband – Section 24 has been enacted for purpose of providing monetary assistance to such spouse who is incapable of supporting himself/ herself in spite of sincere efforts – Spouse well qualified to get service immediately with less efforts is not expected to remain idle to squeeze out his/her purse by cut in nature of pendent elite alimony – Wife well qualified woman possessing qualification like M.Sc., M.C. M.Ed – How can such a lady remain without service – lady who is fighting matrimonial petition filed for divorce, cannot be permitted to sit idle and put her burden on husband for demanding – pendente lite alimony from him during pendency of matrimonial petition.”

Sad How Many Divorcees Are Sentenced To A Lifetime Of Alimony Payments

Most people, when they take their wedding vows, hope they'll be together with their spouse until death do them part.
But in the headwinds of love, many don't consider or are simply unaware that in some states, it's possible to be together until death even if you divorce.

Permanent alimony is what it sounds like.

A couple marries and when they divorce, one spouse pays the alimony for the rest of their natural life, or until their spouse's demise—whichever comes first.

In most cases, remarrying quashes the payments, which is why many of the payees opt for living with someone else rather than remarrying.

Even opponents of permanent alimony agree that there are sometimes good reasons for a spouse to receive permanent alimony (e.g., they have a disability preventing them from working).

In other cases, however, when the recipient is healthy and college-educated, it can seem as if fate has smiled upon one person, who now has something akin to lottery winnings for life, and scorned the other as an unlucky soul who now must pay for the mistake of marrying the wrong person for the rest of their life.

Even Powerball winnings end after 20 years, while permanent alimony continues through one's retirement—although the amount paid can be reduced by the courts. Consequently, a number of senior citizens find themselves giving up a chunk of their Social Security check to a spouse who is receiving the same amount of Social Security, plus the alimony.

The permanent alimony trap can be especially maddening for someone like Jane Carter, 43, who is using a pseudonym so she can more freely discuss her husband's case, which will soon be hashed out in court. Her husband separated from his first wife in 2003 and was ordered by the courts to pay his ex-spouse $90,000 a year (not including child support).

They divorced in 2005 and eventually the amount was lowered to $81,000 a year. So far, Carter's husband has paid his ex-wife $800,000 in alimony, and while his monthly alimony payment used to be 30 percent of his income, with the economy the way it's been, 57 percent of his income now goes to his ex-wife.

Unless Carter wins the court's favor, there's seemingly no end in sight. In fact, she says her husband's ex-wife is now after her money. "I have a small nest egg for my 11-year-old son, and her lawyer is trying to find out how much I have for that nest egg because we're in the midst of a modification proceeding," says Carter.

Permanent alimony is a particularly vexing problem for anyone mired in the courts; Carter and her husband are both licensed attorneys and well-versed in the law, and they still find navigating the law challenging.

Many states have abandoned the practice of permanent alimony—or at least reformed the law—but it's still going strong in states such as New Jersey, Oregon, Vermont, Connecticut, North Carolina, West Virginia, and Florida. Permanent alimony was created in the days when women didn't go to college and rarely had careers, instead tending to the kids and household. Then it was sorely needed. Now, opponents argue, those reasons for its being are long past.

Debbie Israel, a 47-year-old college math teacher in Miami, is engaged but refuses to marry until permanent alimony is reformed in her state. She began dating her fiance, an engineer, in 2010 after their respective divorces in 2008 and 2009.

After about a year of seeing each other, he proposed. She said yes. But shortly after, Israel was reading up on divorce and learned that in the state of Florida, her wages could wind up in the hands of his ex-wife, which led Israel to become a core member of the Florida Alimony Reform Group, which now has more than 2,000 members.

The nonprofit has been pushing for alimony reform since 2010 and plans to fight other family-law problems once the state reforms alimony—something its divorced founder, Alan Frisher, a Melbourne, Fla., certified divorce financial analyst, is confident will happen. The change could take place as early as this year, with a bill to end permanent alimony expected to go to a vote in the Florida legislature within a few months.

Israel, who is divorced, could have received permanent alimony but declined. She considered it, but when a cousin asked her, "Why would you want to be attached to an unhealthy relationship for the rest of your life," that question stuck with her—ultimately leading her to decline alimony and develop a plan for her to receive child support for her and her ex's son.

Both Israel and Frisher know many people who are mired in the stresses of permanent alimony. Frisher tells of an IT guy who is behind in permanent alimony payments and wakes up every day wondering if this will be the day the sheriff will come knocking on his door.

Israel knows a fellow Florida Alimony Reform Group member who, after discovering her husband having an affair with their nanny, is now paying permanent alimony to her perfectly healthy ex-husband—for the rest of their lives, if the law isn't fixed. Israel laments that she even had a friend who committed suicide over permanent alimony.

"Some people are told that their marriage is ending, and then they feel like they're losing their family since they don't have access to their kids on a daily basis, and they see their finances wiped out, and then they're told that they have to pay their ex for the rest of their life," Israel says. "That can be too much to cope with."

Frisher would like to see alimony in his state limited to half of the marriage. In effect with that law, for example, if someone was married for 18 years, the spouse with less ability to earn an income would have nine years of alimony—presumably ample time to go back to school or find a decent job.

Permanent alimony kills the desire to work hard as well, according to Frisher, who offers an example of a dentist who is a member of the reform group and currently pays his ex-spouse $10,000 a month. He cites another member, a physician paying $6,000 a month.

In both cases, if the dentist and physician were to expand their practices and make more money, the way the laws are written now means their exes could go to court and call for their alimony to be raised.

The current law arguably creates a welfare-type state for the recipients, also killing their desire to work hard, opponents of permanent alimony charge, due to their receiving a de facto monthly annuity for the rest of their lives.

"In some unusual cases, I can see where alimony should be made permanent, such as if a spouse is disabled," says Robin DesCamp, a permanent alimony reform activist in Portland, Oregon, "but there should be a formula, and I personally don't think you should have to give a person more than 25 percent of your income. You shouldn't have to give more than 50 percent of your income to a healthy person who can get a job at Starbucks, for crying out loud."