A Delhi court has dismissed a man's appeal against an order directing him to pay monthly maintenance to his estranged wife in a domestic violence case, saying the purpose istopreventvagrancyanddestitutionof womanandminorchildrenindistress.
Special Judge Rajneesh Kumar Gupta upheld a magisterial court order which had directed the man to pay Rs 5,750 per month as interim maintenance to his wife and their one-year- old daughter, noting that the woman was not earning and had to maintain their minor child.
Theobjectofprovidinginterimmaintenanceisto prevent the
vagrancyanddestitutionofthewomanandminorchildren indistress.Keepinginviewthefinancialstatusofappellant andthe factthattherespondent(wife)hasnosourceofincome Ido notfindany infirmityintheimpugnedorderpassed by trial court awardingmaintenance as it is reasonable.
"Accordingly, the impugned order is upheld. Theappealis dismissedwithoutbeinghavinganymerits," the judge said.
"Itisadmitted fact thattherespondent isthewifeof the appellantandtheyarehavingoneminorchild. Thereis nothingonrecordtoshowthattherespondentis earningand doinganywork.Therespondenthastomaintainherselfand the minorchild," the court said.
The woman, in her complaint, had alleged that the man, whom she had married in 2014, had harassed and tortured her on account of insufficient dowry. She had claimed that after the birth of their daughter in 2015, he started neglecting her and the child because of which they could not maintain themselves.
The man, however, denied the allegations and claimed in his appeal that the woman had lodged a frivolous complaint against him and it was she who was rudeandcrueltowardshim.
He also contended that the maintenance amount fixed by the magisterial court was excessive and the same be set aside.
