A Delhi court has doubled the monthly maintenance being given to a mother of two kids by her estranged husband in a domestic violence case on the ground that one of her children was physically disabled.
The court raised the maintenance amount from Rs 5,000 to Rs 10,000 noting that the woman has to take care of the two children and saying if she finds a job, there will be no one look after the kids.
"In the instant case, one of the minor children of the parties is 100 per cent physically challenged. The other one is also a minor and the woman has to take care of both the kids, apart from herself.
"If the woman will go to work place for employment, then the question arises that who will take care of the minor kids. If she will take the assistance of outside source, then they will charge a handsome amount towards taking care of both the kids," Special Judge Satinder Kumar Gautam said.
The woman was granted interim maintenance of Rs 5,000 a month by a family court. She challenged it before a magisterial court and sought enhancement which was denied. She had then moved the sessions court which allowed her plea.
"It will be appropriate that the woman be granted interim maintenance of Rs 5,000 per month for her personal expenses, in addition to interim maintenance already passed by the trial court for the minor children, which seems to be just, fair and sufficient to meet the end of justice," it said.
The woman, in her plea, had contended that she was under pressure to look after two minor sons, one of them disabled and Rs 5,000 was a meagre amount to fulfill the needs of the children and herself.
The husband had opposed her plea contending that the woman was a graduate and could her earn a livelihood and maintain herself and the kids.
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