Wednesday, October 23, 2013

Law does not require to average out income of spouses & share in equal proportion!! No interim maint to working wife !!!


"....Law does not require to average out income of spouses & share in equal proportion!!!...... "

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".............Law does not require to average out the income of the spouses and share the two in equal proportion. Law requires that the wife should be paid adequate interim maintenance. The test of adequacy is to give such money to the wife which would enable her to maintain a standard of living to which she was accustomed to in the matrimonial house.
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That's it !!!!!


*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or my nation dot net sites. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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CASE FROM JUDIS / INDIAN KANOON / MY NATION DOT NET WEB SITE 
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IN THE HIGH COURT OF DELHI AT NEW DELHI

22.02.2007

Present: Mr. Subhash Wason, Adv. for the petitioner.

CM(M) No.276/2007

1. Impugned order dated 29.1.2007 has dismissed the application filed by the wife under Section 24 of the Hindu Marriage Act.

2. Reason for denial of any interim maintenance to the wife is that her gross monthly salary is Rs.15,304/-. As against the statutory rules where under general provident fund, deduction has to be 10% of the basic salary, the wife is voluntary contributing Rs.6,500/- per month under the General Provident Fund Scheme.

3. Learned Judge has opined that the wife has enough means to sustain herself at the level of living to which she was accustomed to in her matrimonial house.

4. It is urged before me that the income of the husband is nearly 3 times than that of the wife.

5. Law does not require to average out the income of the spouses and share the two in equal proportion. Law requires that the wife should be paid adequate interim maintenance. The test of adequacy is to give such money to the wife which would enable her to maintain a standard of living to which she was accustomed to in the matrimonial house.

6. I note that no issues are born to the parties.

7. I find no merit in the petition.

8. Dismissed.

February 22, 2007 

PRADEEP NANDRAJOG, J.





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