Metropolitan Magistrate Shivali Sharma accessed the monthly income of the Delhi-based man as Rs 1.25 lakh and said prima facie it appeared that the husband's plea of being disowned from family business is a "fabricated" defence taken merely to defeat the rights of his wife and son.
"Considering the status of the parties, the income of the husband is presumed to be at least Rs 1.25 lakh per month.
"Considering his income and the fact that the petitioner (wife) is residing in her matrimonial home, I hereby award maintenance at the rate of Rs 50,000 per month in favour of the petitioner and against the respondent," the magistrate said, adding the amount includes the child's maintenance.
The woman, in her complaint, had said her estranged husband is running a factory for manufacturing rubber sheets and he has an yearly turn over of more than Rs 10 crore.
The man, however, denied the woman's claim saying he has been disowned from the family business in August last year due to the "misconduct and misbehaviour" of his wife. He said that after disownment, he is residing at a rented accommodation.
The man showed his yearly income for the financial year 2010-2011 as Rs 1.8 lakh.
The court noted that admittedly the man is already paying Rs 25,000 maintenance to his estranged wife and he is also bearing the expenses of the school fees of Rs 10,000 of the child who is studying in a reputed school in Vasant Kunj here.
It, however, said the man has failed to prove as to how he is bearing monthly expenses of his wife's maintenance, child's school fees, rent of Rs 4,000 and his own expenses out of his "meagre"