Reasons: Why in most cases, Magistrates grant maintenance to wife and reject arguments of husband.
Let us take a general case. Wife has filed application against husband for maintenance.
Judge hears case of wife and finds that she is stating many false things, her demand is unjust, her conduct to her in laws is not fair. Her parents are interfering in her married life too much.
Then, Judge listens to Husband. He too is also telling many lies. His nature looks obstinate. He has not been kind to wife many a times. His parents are interfering in their married life too much and he is blind to faults of his parents.
Then, Judge listens to lawyer of husband who shows many judgement of High Courts, where maintenance to "Wife at fault" is denied.
Then, Judge pauses and reflects.
"Who else will pay maintenance to wife if not his husband?
There is no evidence that wife has any source of regular income. Someone has to pay for her maintenance. He cannot order that Parents should pay her maintenance. Because parents are not party to case and wife is not asking any maintenance from his parents.
The Judge asks himself again,
If husband will not pay maintenance to wife, then who else will pay?
Then he looks for evidence about income of husband, and passes some order about maintenance directing husband to pay maintenance.
Thus far the law looks good
Here is how the Law goes bad and it becomes abuse of law
1. There is no upper limit to how much maintenance a magistrate can order under Sec.125. Here the power of magistrate is only to order that amount which is sufficient to maintain her. If she wants more maintenance in accordance with high income of husband, only civil court has power to do so. But in many cases, Magistrates go beyond their powers and order lavish maintenance which is abuse of his power.
2) So far Supreme Court has not laid down any criteria to be followed by Magistrate while granting maintenance and for computing income of husband under Sec.125
3) Many times Magistrate forgets that the husband has also liabilities to maintain his parents, and brothers also.
4) Which party is at fault for break of marriage, is not given due weight. Because some of the things happen in bedrooms and homes, cannot be proved or disproved in court.
5) The husband can avoid order of maintenance under 125 if wife is serving and has some regular income.
But in many cases, wife gives up her job just before filing case and pretends that she is jobless. This pinches the husband.
But the question which bothers Judge is "If husband will not maintain his wife, then who else will?
She can't be left in a situation where she cannot maintain herself on her own.
She needs financial support, rightly or wrongly, till the dispute gets settled one way or other.
Till she remarries again to someone, or till Civil Court finally settles their disputes, she is entitled to maintenance.
This seems to be the law as present.
In some right case, Supreme Court may lay down guidelines to regulate power of Magistrate to grant unlimited amount of maintenance to wife.
Haresh Raichura
1/8/13
