Court rejects man's plea not to allow Uzbek wife to meet son

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Press Trust of India New Delhi
Last Updated : Aug 07 2016 | 9:48 AM IST
A Delhi court has dismissed a man's plea seeking modification of orders, giving Rs 50,000 interim maintenance to his Uzbek wife who got visitation rights to their minor son, saying a mother has every right to meet her child.
The court also rejected the appeal of the woman, a permanent resident of Uzbekistan, seeking to enhance the Rs 50,000 interim alimony granted to her by a magistrate on the ground that her estranged husband has got new source of income.
While dismissing the man's plea for modifying the order granting visitation rights to the woman alleging that she was indulging into illegal activities and her meeting with the minor would not be in his interest, the court said the allegation cannot be taken on its face value and the husband was required to prove it by leading evidence.
"It is also relevant to mention that vide order dated November 22, 2014 only visitation right has been conferred to the respondent (woman). The custody of the minor child is still with the appellant (man).
"The woman who is the mother of minor has every right to meet her child and such right cannot be denied unless strong reasons are appearing," special judge Pitamber Dutt said.
The petition said the man and the woman got married in November 2008 and a son was born to them in July 2009. The woman, thereafter, filed a case seeking maintenance from her husband who denied the allegations of domestic violence.
The man, in his appeal, alleged that he had conducted a sting on his wife in which she was indulging in sexual activities and earning Rs 25,000 to Rs 30,000 per day.
In view of this, he sought to modify the trial court order granting maintenance and visitation rights to the woman.
The sessions court, however, dismissed both the appeals of the man and the woman saying there was no illegality or error in the trial court order.
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First Published: Aug 07 2016 | 9:48 AM IST