There are some realities.
1) India is still a male dominated society.
2) There are still incidents of killing girl child in womb.
3) Only recently daughters have been given equal share as sons in properties. Rights of married daughters are still vague.
The law is trying to give them equal playing field.
1) In husband wife suits, as soon as case is filed, husband is to first provide and pay for monthly maintenance to wife and to provide for his legal expanses.
Here, judges may consider it waste of time to hear objections by a rich and capable husband.
Here, there are chances of injustice where, husband's financial condition is also weak.
Sometimes, marriage is broke solely due to brazen fault of wife and her relatives.
To grant such amounts to wife is like paying premium to a wrong-doing wife. The very soul of husband revolts against paying such ransom.
Here, judge may refuse to hear husband by saying ,"This is not the stage to hear merits of your case. First pay maintenance to wife, and then argue this when case is ripe for hearing".
This is probably an Error of Judiciary.
But it can only be corrected by a High Court by Supreme Court in some appropriate case.
But unfortunately, cases relating to interim maintenance are not accepted by Supreme Court and rarely accepted by High Courts.
So only time can heal the wounds of husbands.
He deserves permission to argue merits of his case and demerits of wife's case at interim maintenance stage also.
There is no harm in letting him expose what disentitles wife to ask for interim maintenance.
Haresh Raichura
7/12/14
Copyright : Haresh Raichura 2014. All Rights reserved.
