Wife asks 6,16,300/ month From Husband , HC Judge Shocked, #lawchakra #legal

Summary

In a legal dispute over maintenance expenses, the court scrutinizes the wife's claim for a monthly allowance of 6 lakh 16,300 rupees, questioning its necessity given her husband's income and her actual needs. The judge emphasizes the importance of presenting realistic figures and warns against exploiting the court process. Both parties are instructed to submit accurate financial details and the wife's legitimate expenses for reconsideration, highlighting the court's focus on fairness and substantiated claims.

Takeaways

• 📊 The petitioner is seeking a monthly maintenance of 6 lakh 16,300 rupees, which the respondent argues is excessive and unreasonable.
• 💼 The husband is believed to have an income of 10 crores, which is a significant factor in the wife's maintenance claim.
• 👚 The wife claims she needs the maintenance for expenses such as branded clothes, which are costly, and she is currently using old clothes.
• 💍 The wife also mentions expenses on accessories like bangles, chains, and other items, which she estimates at 15,000 rupees per month.
• 🏥 There are medical expenses involved, including treatment for knee joint pain, high fever, tension, and panic attacks, which require regular medication and therapy.
• 💊 The wife has alleged that the husband's negligent actions have prevented her from seeking proper medical treatment, contributing to her financial strain.
• 👶 The husband is accused of neglecting the children, leaving the wife to bear the responsibility and associated costs, which are not being considered in the maintenance claim.
• 🏫 The husband is said to be paying for the children's school and tuition fees but is not taking care of the children's needs, which is a point of contention.
• 📑 The court is requesting detailed documentation and actual figures of the wife's expenses, rather than large, unsubstantiated claims.
• 📝 The court has expressed concern about the exploitation of the legal process and the need for transparency and accuracy in the wife's financial claims.
• 🚫 The court is prepared to dismiss the application if the wife does not provide a reasonable and substantiated breakdown of her expenses.

Q & A

What is the primary subject of the court discussion in the transcript?

The primary subject of the court discussion is the determination of the maintenance amount that the wife should be granted based on her expenses and the husband's income.

What is the wife's claim regarding her monthly expenses?

The wife claims that her monthly expenses amount to 6 lakhs and 16,300 rupees, which she believes she requires for various needs including food, clothing, accessories, medical expenses, and more.

What is the husband's income according to the court's understanding?

The court understands that the husband has an income of 10 crores, which is a significant amount and is considered when determining the maintenance amount.

What does the court suggest regarding the wife's claim for maintenance?

The court suggests that the wife's claim for maintenance is excessively high and not justified based on her actual needs and the husband's income.

What is the court's stance on the wife's argument about her medical expenses?

The court acknowledges the wife's medical expenses but questions the high amount she claims, suggesting that she should provide actual figures and not exaggerated estimates.

What is the court's opinion on the wife's request for an amount without providing a detailed breakdown?

The court is not in favor of granting an amount without a detailed breakdown of expenses, emphasizing the need for the wife to present actual and reasonable figures.

What does the court instruct the wife to do regarding her expenses?

The court instructs the wife to file an affidavit with actual required expenses, and if they are indeed her actual expenses, the court will consider them in the next hearing.

What is the court's view on the wife's claim of having no responsibility for the family?

The court expresses surprise and disapproval of the wife's claim of having no responsibility for the family, stating that the maintenance should be reasonable and not a punishment for the husband.

What is the court's final instruction regarding the wife's maintenance claim?

The court's final instruction is for the wife to file an affidavit with actual expenses and for the husband to file documents with an affidavit serving the same on the wife's counsel, after which the court will pass orders.

What does the court imply about the wife's claim of having shares and bank statements?

The court implies skepticism towards the wife's claim of having shares and bank statements, suggesting that it may be an exploitation of the court process and instructs her to file an affidavit with the actual documents.

What is the court's concern about the wife's legal expenses?

The court is concerned about the wife's claim of 50,000 rupees per month for legal expenses, viewing it as another instance of inflating the figures and potentially exploiting the court process.

Outlines

00:00

🤔 Dispute Over Excessive Maintenance Claims

The first paragraph discusses a court case where a wife is seeking a maintenance amount of 6 lakh 16,300 per month, which the court deems excessive. The judge emphasizes the need for actual expenditure figures rather than high estimates. The husband's income is mentioned as 10 crores, and the court is considering granting a smaller maintenance amount based on the wife's actual needs. The wife is also accused of already using a cash box at home for her personal expenses, which complicates the claim. The judge instructs the wife's counsel to provide a detailed breakdown of her expenses for the court's consideration.

05:03

📊 Court's Scrutiny of Maintenance Demand and Actual Expenses

In the second paragraph, the court continues to scrutinize the wife's demand for a high maintenance amount, questioning the necessity and justification for such a sum. The judge is critical of the wife's claim, suggesting that she should earn her own expenses rather than rely solely on her husband. The court seeks a reasonable and substantiated figure for her expenses, including legal fees, and warns against exploitation of the court process. The wife's counsel attempts to justify the high expenses by mentioning her involvement in share business and the need for legal expenses, but the judge insists on seeing concrete evidence and a reasonable claim.

10:04

📋 Adjudication of Maintenance Based on Verified Documentation

The third paragraph focuses on the court's directive for both parties to submit verified documentation to support their claims regarding maintenance and financial transactions. The wife is instructed to file an affidavit detailing her actual expenses, while the husband is ordered to provide documents related to the alleged 63 lakhs in shares and bank statements. The court emphasizes that the maintenance amount should be based on the wife's real needs and expenditures, not on anticipated or unspent amounts. Both parties are given a final opportunity to present their cases with proper evidence, and the court promises to pass orders based on the submitted documentation.

Keywords

💡Maintenance

Maintenance in this context refers to the financial support provided by one spouse to another, typically in the context of a divorce or separation. It is a legal obligation that ensures the spouse receiving the maintenance can maintain a certain standard of living. In the script, the wife is seeking a substantial maintenance amount from her husband, which is a central point of contention in the court proceedings.

💡Expenditure

Expenditure refers to the money spent by an individual or entity on various needs or wants. In the video, the wife's expenditure is a focal point, with her requesting a specific amount per month for her living expenses. The court is scrutinizing the legitimacy and necessity of these expenses, as they seem exorbitant to the judge.

💡Income

Income is the money received on a regular basis for work or through investments. The husband's income is mentioned as being substantial, with the court considering this when determining the appropriate maintenance amount. The script suggests that the husband has an income of '10 crores,' which is a significant factor in the wife's maintenance claim.

💡Court

The court is the judicial body where legal disputes are resolved. In this video, the court is the setting for the discussion of maintenance and expenditure. The court's role is to adjudicate the case, determine the validity of the claims, and decide on the appropriate maintenance amount.

💡Petitioner

A petitioner is a person who submits a formal written request to a court or other official body. In this script, the wife is the petitioner, seeking maintenance from her husband. The term is used to describe her role in initiating the legal process.

💡Respondent

The respondent is the party against whom a petition or legal action is brought. In this case, the husband is the respondent, as he is the one from whom the wife is seeking financial support.

💡Standard of Living

Standard of living refers to the level of material comfort and quality of life one enjoys, often measured by factors such as income, housing, and access to goods and services. The wife's desire to maintain a certain standard of living is a key argument in her request for a high maintenance amount.

💡Legal Expenses

Legal expenses are the costs associated with hiring legal representation and pursuing a case in court. The script mentions the wife's legal expenses as part of her overall expenditure, which she is trying to justify to the court.

💡Affidavit

An affidavit is a written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so. In the video, the court asks for an affidavit to support the claims of expenditure and income, indicating the need for formal documentation to back up the wife's claims.

💡Negligent Act

A negligent act refers to behavior that shows a lack of due care or attention, often leading to harm or damage. The wife in the script claims that due to the husband's negligent acts, she has not been able to access proper medical care, which is a reason for her high expenditure on health.

💡Bargaining

Bargaining in this context refers to the negotiation process over the amount of maintenance to be paid. The judge criticizes the approach of bargaining figures without providing a clear breakdown of the actual expenses, emphasizing the need for a reasonable and justified amount.

Highlights

The court is discussing the issue of maintenance expenses for a wife, who is seeking 6 lakh 16,300 per month.

The judge emphasizes that the maintenance should be based on actual expenditure and requirements, not just the husband's income.

The husband's income is mentioned to be around 10 crores, suggesting a high earning capacity.

The wife claims to have high expenses on food, clothing, accessories, medical treatment, and other necessities.

The judge questions the necessity of such high expenses for a single lady without the responsibility of children.

The wife's legal representative argues for the need to meet the same standard of living as the husband.

The judge asks for a detailed breakdown of the wife's expenses to assess the actual requirement.

The court highlights the importance of providing actual figures for maintenance claims rather than arbitrary amounts.

The wife's representative mentions her health issues, including knee joint pain and panic attacks, as part of her medical expenses.

The judge expresses skepticism about the wife's claim of needing 6 lakh 16,300 per month for personal expenses.

The husband's representative disputes the wife's claims, suggesting that she has access to a cash box at home and has not been neglected.

The court orders both parties to file affidavits with detailed documents and bank statements to support their claims.

The wife's representative alleges that the husband has shares and bank statements that have not been disclosed.

The judge warns against exploiting the court process and emphasizes the need for transparency and honesty in submissions.

The court seeks to send a clear message to litigants about the proper use of the court process and the consequences of false claims.

The wife is given a final opportunity to file actual required expenses, and the court will consider them on the next hearing.

The husband is ordered to file documents and an affidavit regarding the wife's alleged undisclosed financial activities.

The court stresses the importance of filing accurate and truthful affidavits to avoid dismissal of the case.

Transcripts

he want 6 lakh 16,300 per

month per month as

expenses my Lord no no my humble

submission before clearly just she will

not be given maintenance what basing on

what the husband is getting and also

other factor is what is her what is her

requirement husband must be having 10

crores of income because he's getting

Court will grant five cres to her don't

tell the court that this is all a person

requires 6 lakh

16,300 per

month body spend this much a single lady

for herself oh if she wants to spend let

her

earn not on the husband my Lord before

that before not going into all that

arguments what I wanted to know is what

are your expenditure that you tell the

court I already heard all of your ear

you enough for the petitioner food

expenses at a residence to meet the same

standard of nutritious food which the

respondent is having at home she has not

been provided with any food there she

has to

manage, for the purpose of food when the

respondent come compelled to have food

outside in few

circumstances yes nice my lord for that

and towards the cloths and dress the

respondent is using all the Branded

claws wherein one Kelvin clean t-shirt

costs around 10,000 per shirt and per

trowers of the petitioner is also intal

for the same where in the present

petitioner is using all the old dresses

itself yes well towards the access like

Bangles sticker chain earnings Watchers

sandals slipper Etc my Lord which is the

basic need my Lord towards it 15,000 per

month my Lord towards the medical

expenses cosmetics and other expenses my

Lord where in the petitioner is

suffering with the knee joint pain and

for which she needs to take the regular

medication and physiotherapy treatment

even she is suffering from high fever

tension panic attack for which she need

to take regular treatment and medication

due to the negligent Act of the husband

she has not in a position to show it to

a good doctor good

hospital at least four to five is

needed the respond was being I have it's

overall cost my I have bated to a

monthly wise also in the second column

though the respondent is being the

school fee uh paying the school fee and

tution fee to the children he has

completely neglected to look after the

children always being with him with them

as like a mother and due to which the

petitioner is supposed to at least your

client is not understanding it you

should understand and you should advise

her unnecessarily with these kind of

expend that they

give the court

gets the impression of the Court would

be something what is this eight please

tell the cour every month 60,000 what

she will do my Lord very my this is the

humble request before the court will to

lordship to decide on this should tell

not about I I will it is like a

bargaining like you will you will give

five lakhs six lakhs and the court will

okay let me give one lakh to the not the

way you should come before the court

with actual figures what are all this oh

my Lord very I categorically categorized

that these are the

needed for the her commitment my Lord

and my Lord she Is possessing with the

loan also wherein she has to repay that

that I produced the document also gold

loan other loan and other hand loans

which she has managed and which is

deposit to or bank statement by mother

he want 6ak 16,300 per

month per month as

expenses my Lord no no my humble

submission before this honorable court

with regarding that the landmark

judgment wherein Supreme Court has held

yes please pass the maintenance amount

which she was

needed yes she will not be given

maintenance what basing on what the

husband is getting and also other factor

is what is her what is her requirement a

husband must be having 10 crores of

income because he's getting Court will

grant five cres to her no it's about she

has to tell what is her expenditure what

is her requirement that you didn't even

tell before the court except giving a

big figure of so and

so there was no break what was the

breakup why what is that she wants never

no when I asked you to give before this

court if

this this

expenditure that she gave before the

court is simple reason and simple ground

for this court to dismiss your

application my Lord my humble submission

of this honorable

Court kindly look the operative portion

my Lord wherein prior to it the court

has

held he has never sted Affair certainity

but he's made a submission that he keeps

a cash box at house wherein she makes

use of that fund wherein hence the Court

held that she is not supposed to be

provided with any expenditure with

regarding because she has already taken

from the cash box and for her personal

income you understood when the court

asked you though it was not given before

the trial court the court asked you for

this with the to consider to Grant some

amount to her after looking at all the

expenditure what she has placed before

the court the feels that you know

nothing my humble submission my Lord

this court may not order this much my

Lord to a reasonable amount my Lord why

should I do that

exercise why should you tell all this

and why should I grant why should the

code Grant reasonable

amount in order to show the actual

picture Duty also please don't tell the

court that this is all a person requires

6 lakh

16,300 per month

does anybody spend this much a single

lady for herself oh if she wants to

spend let her

earn not on the

husband any nominal amount but I'm

telling you if this is if if on if you

want an order from the court I want the

actual figures not this lacks of figures

will not Grant or else I'll dismiss your

application please tell your client what

is this you don't have you have no other

responsibility of the family you don't

have to take care of the children you

want for yourself you you say I want 6

lakh

16,000 that's not the purport of section

24 and it is not a punishment to the

husband that if he's having a disputes

with wife to Grant

66,000 you should be reasonable in

telling it not that I will tell some

figure and the C for the court to give

some amount or the

other there was no reason for the court

to even ask you to file it I thought if

you if you give the figure and if the

court understands what's a requirement

then we'll consider it but not 6 lakh

16,300 a single

lady without the responsibility of the

of the

kids just to take them for a holiday

take them for for a lunch you you

require

66,000 at least how I'm I'm really

surprised how she she could she could

give all these headings I think even in

that rajish verusha nobody knows that

these many headings will be available

very

strange final opportunity for you come

up with a reasonable thing reasonable

I'm again telling you if it is like this

kind of a thing straight away we'll

dismiss

it my Lord may I submit

yes if your lordship may see even the

legal expenses 50,000 rupes per month

for the

lawyer even acceptable my Lord to

increase the bill blow a big figure so

that they'll get now one more thing my

Lord only one uh opportunity L May

kindly give me I'm uh filing one memo

where 63 lakh Rupees is in circulation

in shares in their own bank statements

with page numbers I'm giving it which

bank statements

I'll you do one thing yes you do one

thing just don't give it like that

basing on an affit you file it please

let them respond we will will send a

loud and clear message to all the

litigant who wants to explo exploit you

know the process of the Court this is

exploitation this is an

exploitation I'm ready to file one more

also there is no earning has been raised

earned out to shares and it is the false

submission they are making again and

again I will F will reflect it will

reflect in the

SP letter show a single rupee profit I

have ear then you please file an

AFF disclosed it now with that she will

file an AFF you file an

AFF iil entire document my I have never

surprised but

again submission they did not find

picture my Lord the L as for the orders

passed for this SP the expenditure of

the wife place before the report where

it where it shows that she requires six

lakhs and OD for her monthly

expenses the all the expenses on the

face of it all all the the all the the

amounts that are

stated the the this court cannot

appreciate that that that can be the the

monthly expenses of a a

person who who do not have to take care

of the

children and any other expenditure

except her personal

expenditure as a last and final

opportunity the petitioner wife shall

file the actual required expenses if

they are the actual expenses file then

the court will consider the same on the

next date of hearing next par learn

Council apping for the husband submits

that an amount of rupes 83 lakhs

63 lakhs 63 lakhs is in

circulation the shares as she is as for

the bank statements as as she

is uh doing the share

business the business the which was

denied which is denied by the learn

Council appearing for the wife the

husband shall file all the documents on

an with an A and and serve the same on

the con appearing for the uh wife and

the wife shall file an eff of it along

with in the set after he also disclose

the her expenses

also my on that orders will be passed

yes my Lord that is the expenditure

anticipated by this that is that ped

expecting from this court that is not

incured so far there is no anticipation

the provision is for her actual for her

requirements yes court will not court is

not here to towards the needed amount my

that is not the actually she has spent

so far that is the amount which she is

seeking from says so that you should in

anticipation of something you should ask

for maintenance my that much capacity

she's not having it present that is why

we have filed that application she's

needed of that amount and she has been

forced to

if you if you want to stick to the same

ground uh we have to pass orders which

is come up with appropriate affidavit

then we will see