The family court has come to the rescue of a husband whose divorced wife has claimed a major portion of money from his retirement benefits, that too 21 years after they separated.
Principal judge Laxmi Rao has dismissed the application of the woman seeking 30% of the Rs79 lakh which her former husband is due to receive when he retires this month from a government job. The judge said not only the woman had given up on claiming any further money from the husband but also suppressed the fact she is employed. The woman has argued that she was not aware of the terms and conditions of the divorce obtained through mutual consent way back in 1993 as she was not proficient in English.
"It is very astonishing to see that 21 years after the divorce is granted, this woman comes before this court to suggest that she was not aware of the said consent given by her and that it was fraudulently obtained," observed the judge.
Clause 5 of the consent says the woman would not be entitled to claim anything from ex-husband in future. In 1993, the family court awarded her maintenance of Rs350 per month which was increased to Rs3,000 per month in 2003.
The husband said the woman was represented by lawyers so she cannot complain of being unaware of the terms and conditions of the divorce. He also sought the cancellation of the 2003 order of increased maintenance claiming that through RTI information he has come to know that she earns Rs25,000 per month. On the other hand, the wife has said she earns Rs1,000 per month though she did not present any documents to support her claim. She got a job with the education department in the BMC on compassionate grounds after her brother's death.
Refusing to accept the woman's claim that she was not aware of the consent, the judge observed: "I wonder why she remained silent for last so many years and did not mention the said fact in her application upon which she was granted enhancement (of maintenance) from Rs350 to Rs3,000 per month. At that point of time also she was represented by a lawyer."
The judge has also allowed the man's application seeking cancellation of enhanced maintenance of Rs 3,000 per month since 2007. The judge has also directed the woman to refund Rs1.25 lakh to the man (50% of the maintenance amount paid since 2007), for having suppressed the information that she is employed since October 2007.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}