A businessman has been asked to pay maintenance of Rs 12,000 per month to his estranged wife and two kids and compensation of Rs one lakh for torturing her physically and mentally.
Metropolitan Magistrate Savitri while granting Rs 4,000 monthly maintenance each to the woman and their two minor sons, said that the wife was subjected to "serious mental and physical torture" by her husband.
"In view of unrebutted, unchallenged and uncontroverted testimony of the complainant (woman), I am satisfied that she is the wife of the respondent husband and does not have sufficient means of subsistence for herself and the children and further, that she has been subjected to serious mental and physical torture by the man," the magistrate said.
The court directed the man, running several businesses including finance and electronics showroom, to pay Rs one lakh as compensation to his estranged wife for causing her injuries and also emotional distress.
The court's order came on the plea of the woman, a Delhi resident, that she was subjected to cruelty when her parents failed to fulfil her in-laws' dowry demand.
She alleged that her husband was in habit of consuming alcohol, gambling and was a womaniser and when she objected, she was beaten up by him.
The woman, who had married the man in 2001, said she was thrown out of her matrimonial house by her husband in May 2004 and in 2008, the custody of their sons was granted to her by another court.
She submitted that the man's income was Rs one lakh per month while she was earning Rs 3,000 monthly by giving tuitions.
The court noted there are several police complaints filed by the woman against her husband and even her medical records showed injuries suffered by her at the hands of the man.
After the man failed to appear in the court, he was proceeded ex-parte.
"In this light, considering the modern days cost of living, income of the and income of the husband and overall circumstances of the case, I feel that a sum of about Rs18,000-20,000 per month is very essentially required to maintain the wife and her public school going children.
"She must also be earning some amount though, it might have been understated by her," the court said, while awarding a total of Rs 12,000 monthly maintenance to them.
