I have jotted the scope for maintenance from my point of view and tried to put some light on some different thought all together, which are different from the current trend and what feminism demands. Rather than equality they look for free loading and gold digging on someone else’s expenses. There should not be any heed given to any gender in this case.
Please read carefully till the end.
Regarding maintenance – Any woman, who is able bodied, has education, has some skill set (includes cooking,sewing etc), has savings, gold, properties, was working, is working, or can work to sustain herself, is getting any other income, like rent, dividends, share , profits and salary should not be given any maintenance. She is not liable to get any kind of aid monetary or non-monitory from husband.
Also any woman who approaches the courts with unclean hands is not liable to get maintenance from any court of India once it is rejected in any court of India.
Why such statement as given above? Reason – CJI Dipak Misra clearly stated that equality is the need of the hour. He also added that time has come when the husband should not be considered the master.
If a woman is free to choose with whom she wants to sleep with, she has enough knowledge to know how to find a job, sustain and live in this world.
Any Interim maintenance which dismissed under DV ACT, the woman should not be allowed to file 125 CRPC any other relief which comes under law and involves money, and vice -versa.
Now why 125.CRPC why it’s criminal why not civil like Adultery? This act needs to be made civil. Under criminal act, you are putting husband in jail coz he is not able to fulfill the demands made by woman and agreed by the court. This is hampering economy in the larger view.
Who should not get Maintenance –
I am against it for all women who can work and were working or are working but still wants the money from the husband without any proper reason. – This is harassment
I am against the exorbitant amount they write in the petition for survival. It is usually not survival, it is for a luxurious life to be enjoyed on somebody else’s money – This is greed
I am against that only the husband has to pay the maintenance, If the same father has made tall claims while filing other cases of giving dowry, This 125 CrPC should automatically include the name of father and the father of the woman should also pay the money to her, as he is also responsible for this situation. – This should be shared responsibility. If father of the woman is dead then her brother should give else, she should receive only 50% of the amount from husband.
I am against only the father paying for child maintenance in 125.CrPC but have no visitation rights, if women is getting maintenance then by default visitation rights should be attached to it. If No visitation for child, then no money for the woman and the kid. In addition, the woman should contribute and show her paychecks every month in front of the court until she stops taking the maintenance. – Shared responsibility for child.
Now main points
1. As per SC, Adultery law was quashed and SC gave a line while quashing the law – CJI Dipak Misra clearly stated that equality is the need of the hour. He also added that time has come when the husband should not be considered the master.
2. If, in Adultery the man is not a master of a woman, then how in matrimony you are claiming him to be the master to pay maintenance.
3. Why an able-bodied woman needs maintenance? She can work and sustain her life, getting married does not mean that she has to be be on mercy of the man.She is an individual and empowered person, she should live with dignity and respect, and should work.
4. If she goes back to her parents place, her parents needs to take care of her. Not husband, she is not doing anything for husband or taking care of his matrimonial house.
5. Woman rightfully do not have any rights to take maintenance for life once she is separated from the husband. Coz legally she is not wife, and a man cannot give maintenance to a stranger.
6. Under Hindu marriage act there are some responsibilities mentioned, which a woman should carry out. This should be one of the factors to be asked while a woman is asking for maintenance. If a woman has left her matrimonial house in less than 2 year’ she is not liable for any maintenance.
7. If a woman leave the house when she is pregnant to her parents’ house and never returns then she is also not liable for maintenance and it should be connected to the point 6 above. Mostly all woman gets pregnant to harass the husband for maintenance.
8. There should be only 6 month maintenance bracket with a cap of only 5k raising up to only 10k per month. Even in Metro cities 10k is more than enough to sustain life, Maintenance should be given for living life not living “luxurious” life.
9. If a woman is unemployed, she will get 6 months to find a job and will get money only for those 6 months. Regarding the shelter and food, the woman will search for her own shelter and arrange food, as she will be getting maintenance. If she is not able to then it is the responsibility of the Govt to give her shelter and food. The govt should provide shelter, food, and other facilities.
10. If the woman has a kid then the kid will get maintenance from the father until he/she is 21 only. However, the mother needs to give 50% of the money from her pocket and will have to show it to the court every 1 year.
11. A man who is jobless and his wife is working can seek the maintenance from the woman for his life for same 6 months period under 125 Crpc ( Need to be civil 125)
12. A man and woman if both are jobless then the Man should not be forced to find a job and then sustain his wife. Both should be asked to find a job in 6 months while govt takes care of both of them until that period of 6 months, after that they both are on their own.
Please note that a husband should not be forced to give the maintenance to give the “same lifestyle” she was having in matrimony home. It was husband’s choice to provide her everything if she stays in matrimonial home if she chose to leave that luxurious life (if any) so she should not be given the same status of living, let her earn and live.
Also please keep this point in mind that a girl’s parents are equally responsible for her destiny as they always choose a groom whose status is better than them, status includes, respect, money, property, ability to spend green card, vacation abroad etc . You will never find a woman marrying a man with less status or less salary.
Therefore, status of the Man should not be the deciding factor but the facts should be the one put forward.
About me I am Survivor of fake Dowry, DV case. Currently fighting 125.CrPC case, where wife wants 20k per month whereas she earns approx 50k per month, this case is running from 2017, as she do not come to the court and her lawyer keeps extending dates.
Another point what MYNATION said is that these cases should have a time line to get it finished but with proper facts in place not just to end in 12 months.
With Regards and hope for gender neutral laws