Additional Sessions Judge (ASJ) Vikas Dhull asked the Haryana-based man, working with a call centre here, to pay the monthly alimony after finding that his monthly income was Rs 16,000.
The court noted that the man was "living alone and he is not required to maintain any other person" except his wife and son. It is an admitted case of appellant (man) that he is living alone and he is not required to maintain any other person except the respondent (woman) and her son. He has also admitted his salary to be Rs 16,000 per month.
"Therefore, the trial court rightly granted maintenance of Rs 5,000 per month to the woman and Rs 3,000 per month to the son by taking into account the salary and the liability of the man," the court said.
The sessions court gave its order on the man's plea, who came in appeal against the July 2012 magisterial court order, which had directed him to pay an alimony of Rs 8,000 per month to his wife and their minor son.
Rejecting the plea of a man that he cannot give maintenance to his estranged wife and son as he has to look after his parents and younger brother, the court said, "the appellant has only set out his moral responsibilities towards his parents and younger brother and there is no averment that he has to incur any expenses towards his parents and younger brother. Therefore, on this ground also, there is no reason to interfere in the impugned order." (MORE)