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Court asks man to pay wife, 2 daughters for comfortable life

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Press Trust of India New Delhi

A man, accused of domestic violence, has been directed to pay monthly maintenance to his estranged wife, with a city court enhancing the amount from Rs 6,000 to Rs 18,000 saying he was trying to conceal his income to deprive the family of a comfortable life.

Additional Sessions Judge Neera Bharihoke allowed the appeal of the woman against a magisterial court order which had granted Rs 3,000 each to her minor daughters but had denied her any monetary relief from her husband.

The sessions court, while deciding the appeal in the woman's favour, said the credit card statements of her husband showed that he was spending about Rs 22,000 per month even after having resigned from his job.

 

"Thus, prima facie a reasonable assumption of income of respondent can be drawn that he is earning about Rs 30,000 per month. He is trying to shield his income to deprive the appellant and her two daughters to live a comfortable life as enjoyed by respondent himself," it said.

The sessions judge, while granting Rs 6,000 each to the woman and her daughters, observed that the woman did not have sufficient means to maintain herself.

"Idifferfromtheopinionoftrialcourtthatthe complainanthassufficient meanstomaintainherself. Onperusalofdocuments placedbytheappellant (woman) andrespondent(husband) onrecord, itisnoticedthatbe ittheincome affidavitorthebankstatementsofrespondent,noneof the documentsreflects thatshehassufficientmeans tomaintain herself," the judge said.

The woman had lodged a domestic violence case against her husband after getting separated from him in January 2016.

A magisterial court had in August 2017 denied her interim maintenance but granted her Rs 3,000 for each of her two daughters --seven and two-year-old -- while holding that the woman was educated and had sufficient means to maintain herself.

In her appeal before the sessions court, the woman challenged the findings of the trial court and sought maintenance for herself and enhancement of the amount awarded to her children.

She had claimed that theamountawarded to her daughters was meagre and insufficientto maintainthem.

The man, however, claimed that he was no earning enough to support her monetarily and said his wife was highly qualified and was capable of maintaining herself and children.

The sessions court rejected the contentions of the husband and enhanced the amount of maintenance.

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First Published: Apr 24 2018 | 3:40 PM IST

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