Q: Discuss maintenance on the basis of legal maxim ?

Ans: The maintenance is the right to protect the woman if she is not able to earn. In the old times, the wife was not so educated and was not able to do the job and thus it was the responsibility of husband to look after and to meet the expenses of her wife and if husband is not able to earn, it is also the responsibility of wife to look after and to take care of her husband. As far as financial    condition is concerned,  sometimes the husband can get the strong financial condition, and sometimes the wife can get the strong financial condition as well as sometimes both have same financial condition.

So, it is the law of nature that every person whether man or woman if abled body  and educated is able to maintain himself or herself. 

According to Jim Demint, dependency creates social problems and dependency is a curse. 

Thus, the nature encourages both man and woman to be self-dependent if they are abled body and educated.  The maintenance can protect the wife until husband is dead and can not protect the wife after the death of husband. The law of maintenance has also not been created for the harassment of husband.

There is a legal maxim " Quae rerum natur prohibentuur, null lege confirmata sunt" which means what is prohibited in the nature of things, cannot be confirmed by law.

So, it is will not be the justice to provide the maintenance to abled body and well educated wife when she can earn and the husband has other liabilities and the nature would also prohibit this action which can not be confirmed by law.

Comments

Post a Comment

Popular posts from this blog

Q: Explain the citation of Delhi District Court on Smt. Krishna Dhawan vs State ( Govt. Of Nct Of Delhi) on 22 November, 2010 ?

Ans: Delhi District Court on Smt. Krishna Dhawan vs State ( Govt. Of Nct Of Delhi) on 22 November, 2010 - In the present case, the applicant has failed to prove on record any justifiable ground for leaving the company of her husband respondent except that she stated that she has been ill illtreated for the last 20 to 23 years but in her cross examination she herself has admitted that there was no demand of dowry by the respondent at the time of marriage or after the marriage. Thus so far as the allegations of dowry demand are concerned, applicant has failed to prove the same. She has also failed to prove any other justifiable ground on record for her living separately from the respondent. In such circumstances, Ld. MM has rightly held that applicant is not entitled for any maintenance. Ld. MM has rightly held that applicant is unable to maintain herself and there is no document filed on record by the respondent also to show that applicant is working or is able to maintain hers...
Read more

Q: Elaborate the citation of S. Rehana Sulthana @ Rehana Begum V/s B Mohammad Ghouse & Anr. on 28 March 2016 ?

Ans: In a decision of Andhra High Court in a case S. Rehana Sulthana @ Rehana Begum V/s B Mohammad Ghouse & Anr. on 28 March 2016, it was held that no maintenance relief to wife who left home without justifiable reasons. The High court found that in the cross examination the wife stated that she executed an agreement in the presence of witnesses with an undertaking that she will not compel the respondent for setting up separate family. If really the wife did not compel the husband persistently to set up separate family, what made her to do her signature on the  agreement? The Courts cannot ignore the human conduct while appreciating the rival submissions of the couple to the proproceedings, more particularly in family matters, wherein the possibility of presenting distorted facts by the couple to the proceedings so that they can gain sympathy of the court .If really the wife had suffered in the hands of the husband and his family members, certainly the wife might have avai...
Read more

Q: Discuss the citation of Madras High Court on Hari Har Raj Kalingarayar V. Aarti on 22 June, 2018 ?

Ans: On the misuse of the provisions for claim maintenance, it is opined by Madras High Court on Hari Har Raj Kalingarayar vs Aarti on 22 June, 2018 that it is a matter of deep concern that though the law for maintenance is a valuable and beneficial legislation safeguarding helpless wife, who is unable to maintain herself, but there are some instances where the wife focus her husband as like that of an ATM and the beneficial provisions of law are considered to be utilized as a tool of harassment. 
Read more