Saturday, March 7, 2015

Doc wife can’t sit idle & get maintenance! Let her work!


Delhi HC ;

 

Directed to work as a honorary Doctor in some public welfare institute or school free of charges where she can take care of health of the poor people.

 

Classic Dhingra ji judgement!

 

*****************************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 High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

******************************************************************

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

CM(M) 1153/2008

 

KAVITA PRASAD ….. Petitioner

Through: Mr. S.D. Singh, Adv.

versus

RAM ASHRAY PRASAD ….. Respondent

Through:

 

CORAM:HON'BLE MR. JUSTICE SHIV NARAYAN DHINGRA

O R D E R

01.10.2008

 

The petitioner who is an MBBS qualified Doctor and admittedly had been in practice before, claims that she was sitting at home despite being a qualified Doctor and does not work.

 

The petitioner claimed maintenance against her husband who is in service. The Trial Court granted maintenance of Rs.4,000/- per month. This petition is made against observation of the Trial Court that she was working somewhere and earning around Rs.8,000 to 10,000/- PM and that the maintenance granted by the Trial Court was made subject to adjustment of the maintenance being received by her under Section 125.

 

Since counsel for the petitioner states that petitioner is not working anywhere, despite being a qualified Doctor, I consider that as she is receiving maintenance from husband, the Court should not allow her experience and qualification to go waste. I consider that she should be directed to work as a honorary Doctor in some public welfare institute or school free of charges where she can take care of health of the poor people.

 

Let her come to Court and give an undertaking that she was prepared to work without charging anything in any institution named by this Court around her house minimum 5 hours a day and 6 days a week, so long she receives maintenance from her husband on the plea of being unemployed.

 

List on 23rd October, 2008.

 

SHIV NARAYAN DHINGRA,J

 

OCTOBER 01, 2008

 

 

PDF File uploaded to http://1drv.ms/1CLhAgG

 

 


*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or http://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/  FOR 100s of high court and supreme court cases
  
  
regards
  
Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist
  
  

No comments:

Post a Comment