New Delhi: A court here has directed a Delhi Metro employee to pay Rs 12,000 interim maintenance per month to his estranged wife and child in a domestic violence case.
The court dismissed the appeal of the man and upheld the order of a magisterial court which had directed him to pay the amount to the woman and the minor, observing that it was the duty of an able-bodied husband to maintain his wife and kids.
"Keeping in view the standard of living of the appellant (man) and respondent no 1(woman), award of interim maintenance to the tune of Rs 12,000 per month for herself and for her minor child cannot be said to be excessive, keeping in view of the inflation in the market and rising prices in metropolitan cities like Delhi," Additional Sessions Judge Ramesh Kumar said.
The court said there was no illegality, infirmity or irregularity in the order of trial court.
"More so, respondent being legally wedded wife of the appellant, is liable to be maintained by him. It is duty of the able-bodied husband to maintain his wife and children.
"In the present matter, the appellant cannot escape from the said liability. Accordingly, appeal is dismissed being meritless," the court said.
The trial court had in November 2015 directed the man to pay Rs 12,000 per month interim maintenance to his wife and child. The woman had approached the trial court for maintenance alleging that several valuables were given to her in-laws at the time of her marriage in 2011 but they remained unsatisfied and used to taunt her for bringing less dowry.
She alleged that her husband was a habitual drunker and used to beat her up, as she mentioned several incidents of cruelty meted to her.
The man, however, challenged the trial court's order saying it was passed without application of judicial mind and on the basis of the presumptions and assumptions and the order was totally "misconceived".
