Monday, 13 May 2013

No high court relief for man from paying maintenance to wife who signed away firm to family



MUMBAI: A Santa Cruz-based businessman signed away his business to his family in an attempt to escape paying maintenance to his estranged wife. His ploy, however, failed to impress the Bombay high court.

The high court found it hard to believe that Nilesh Joshi (name changed) would give away his business to work at a call centre, and upheld an order of the trial court asking Joshi to shell out Rs 2,500 as interim maintenance.

In matrimonial disputes, the high court often comes across men who quit jobs, claim they have been sacked, sign away their companies or transfer assets to relatives to show that they cannot afford to pay maintenance.

Justice Roshan Dalvi said the magistrate's court had rightly considered that "it was the duty of the husband to maintain the wife after marriage". The HC agreed with the magistrate that "it would not be acceptable that a person hands over a business to a third person to run and would become an employee of another. [The magistrate] rightly considered that the husband is living a good life [and also took into account] high property prices in Mumbai".

The court was hearing Joshi's application challenging a magistrate's order asking him to pay maintenance to his estranged wife.

Joshi, who owned water jar distribution business, told the court that he had signed away his company to his brother and mother, while he was working at a call centre. He claimed he had also transferred his flat to his brother and mother.

But his estranged wife's lawyers submitted advertisements issued by Joshi's company, which showed that he was still a part of the firm.

Also, the maintenance receipts, which were issued by his building society, had the joint names of Joshi and his family members.

Justice Dalvi held that it was not only the income of the husband that was to be considered while granting interim maintenance to a neglected wife; the court could look into various aspects "which would give it a picture of the standing of the husband".

The HC upheld the trial court order asking Joshi to shell out Rs 2,500 as interim maintenance, and dismissed his application.

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