The term ‘alimony,’ was derived from the Latin term ‘Alimonia,’ which means sustenance. In this context, it referred to an allowance or sum of money which a spouse is indebted to pay to a wife to cater to her sustenance, in case the marriage was dissolved. Now, the below story of Shiv Kumar is a classic example of how the laws overlook the physical condition of a husband and yet compel him to cough up a sum to sustain his fully abled bodied wife.
About Shiv Kumar:
43-year-old newspaper distributor from Delhi’s Kalkaji area is a physically challenged man. Just within eight months of marriage, Shiv’s two-wheeler was hit by a bus, which led to serious head injuries that got him bedridden for almost a year. During this hard phase of life, he lost all sources of earning and also exhausted his savings for his ongoing treatment.
What made it worse for this man is instead of getting emotional support from his wife, his terms with her soured and she slapped a case of domestic violence against him and his family.
“My wife left me on the day of the accident after doctors said my condition was extremely critical and I may not live. We had some problems since the beginning as she did not want me to take care of my parents especially my bedridden father and other family members”, he alleged.
The cases were registered at Kalkaji police station, however, when the cops saw Shiv’s condition personally, they asked the wife to reconcile and take care of him. Eventually, he recovered and started taking on the responsibilities of his family, however, once again destiny was yet unfair to him. In the year 2013, he was diagnosed with cancer in his pancreas.
Shiv was put through chemotherapy and biopsy five times, only to realise that it was tuberculosis that had spread in his body, leaving his right side completely paralysed. During the treatment, he also suffered several paralytic attacks which made his body absolutely weak, confining him to a wheelchair permanently.
Wife Slaps Domestic Violence Case Once Again:
During his battle with health and body, Shiv was in for yet other trauma, as his wife filed another case of domestic violence on him.
The court directed him to pay a monthly maintenance of Rs 4,000 to his wife, despite him having no job or source of income. What seems more shocking is that Shiv has also been sent to Tihar jail in Delhi thrice for not being able to pay up as per court order. Last he was in Tihar from December 2018 until February 2019.
According to Shiv’s lawyer, husband had to borrow money from his friends and others to pay and buy his freedom.
Crowdfunding for Shiv’s Final Settlement
In an unheard case, Shiv Kumar had to raise funds through a crowdfunding option to settle with permanent peace, at least on the matrimonial front. Noted Men’s Rights Activist, Deepika Bhardwaj ran a crowdfund campaign through Milaap, a crowdfunding platform and aided Shiv to raise a sum of Rs 5 Lakhs which could be paid off as a final settlement towards alimony.
If we have greedy people around, there is no dearth of kindness in society as well. Many people who read about Shiv’s story, came forward with an intent to assist him look for employment so that he could rebuild his life with dignity.
Beg, Borrow or Steal but pay up your wife, seems to be the message from judiciary in this case. One may argue that facts from other side are unknown, however, what remains questionable is why didn’t our courts insist that the abled bodied wife worked herself, so that she would not live at the mercy of a physically challenged man.