Additional Sessions Judge (ASJ) Nivedita Anil Sharma asked West Delhi resident to pay the interim maintenance to his wife, dismissing his appeal against the magisterial court's order as he had not paid any maintenance to her.
"The aggrieved wife/ women herein should not be made to live a life of destitution and vagrancy... As the revisionist has failed to deposit the entire arrears of maintenance in terms of the impugned order, the conscience of this court is completely satisfied that the revision should not be heard on merits and should be dismissed on this score alone," the ASJ said.
The resident of Nangloi in West Delhi had challenged the trial court's April 7 order saying the court had assessed his earning to be Rs 20,000 even when there was nothing on record to prove the same.
The wife, on the other hand, had pleaded before the ASJ that the trial court's order should not be interfered with as the direction to pay maintenance dues was made for her benefit and upkeep.
The ASJ, after hearing both the sides, dismissed the man's appeal saying the payment of maintenance dues was "a basic requirement" for the fulfilment of the wife's needs and not a "flimsy technicality," as contended by him.
"It cannot be said that direction to deposit the entire arrears of maintenance in terms of the impugned order is a flimsy technicality as it is a basic requirement of the respondent (wife) that her needs should be immediately attended to and addressed," the ASJ said.