Dec 30, 2009
NEW DELHI: In a rare departure from rules, the Supreme Court has directed a woman to pay Rs 10,000 to her estranged husband, who is unemployed, to enable him fight their matrimonial dispute in a Bangalore court.
Normally, under Section 125 CrPC, it is the duty of a husband to pay maintenance allowance to his wife during a divorce proceeding or thereafter. But in this case, the apex court directed Ines Miranda to pay Rs 10,000 to her husband Santosh K Swamy, living in Chennai, to fight the legal battle in Bangalore, where Miranda stays along with her daughter, after noting that Swamy was unemployed.
A bench headed by Justice Dalveer Bhandari passed the direction while disposing of a transfer petition filed by Ines Miranda seeking transfer of a case filed by Swamy in a Chennai court to Bangalore.
Anti-dowry law makes it wife-biased, discriminatory,and poorly formulated. A complaint from your wife or her family member can land husband and his entire family in jail without any investigation. "The power of the Executive to cast a man into prison without formulating any charge known to the law, and particularly to deny him the judgment of his peers, is in the highest degree odious and is the foundation of all totalitarian government whether Nazi or Communist." - Winston Churchill
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