The order came on a revision petition filed by the husband, who had said that a magisterial court had asked him to pay Rs 15,000 as monthly alimony to his wife but it did not consider the fact that she was working as a teacher in a private school here and was also earning by giving tuitions.
"In view of above, the revision petition is allowed. Order dated February 21, 2012 passed by trial court is set aside. The parties are directed to appear before the trial court and argue the application afresh," Additional Sessions Judge (ASJ) Anuradha Shukla Bhardwaj said.
The man had approached the sessions court seeking to set aside the order passed by the magistrate saying his wife was not entitled for maintenance and the trial court should have considered the fact that she was earning of her own.
He said that the magistrate had believed the submissions of his wife regarding his monthly income while directing him to pay the maintenance but being the owner of some cabs, he has to spent money in giving salary to the drivers and others.
The wife, however, contested the plea and argued that the magistrate had considered all the relevant documents while deciding the maintenance amount.
The sessions court, in its order, also considered the fact that the man, in his divorce petition filed before another court here in May 2009, had stated that his wife was earning of her own by working as a teacher.
"The respondent (wife) has not come clear on her earning status and there were specific allegations regarding her employment status, it would thus have been appropriate to record her statement on oath," it said, adding, the man is not making "vague allegation" regarding her employment.
