Additional Sessions Judge Narinder Kumar modified the amount of maintenance from Rs 40,000 to Rs 32,000 awarded to the woman by a magistrate by excluding the amount of rent from it as she was living at her parental house.
"Having regard to all the facts and circumstances, this court finds that the amount of maintenance of Rs 40,000 needs modification.
"Excluding the amount by way of rent for alternate accommodation, this court deems it a fit case to sustain the order passed by the magistrate by way of maintenance only to the extend of Rs 32,000 per month," the court said.
It, however, said that the woman may claim the rent for any accommodation if she starts residing as tenant in future, in accordance with law.
The court modified the order of the magistrate giving maintenance to the woman on an appeal filed by the man.
Earlier, while seeking maintenance, the woman had stated that she had married the man in 2007 and had a child a year later. However, their relation turned bitter and she was harassed by her husband and her parents-in-law.
She had said that she was turned out of her matrimonial house by her husband in April 2010 and since then she was living at her parental house.
She said she has no source of income and is unable to support her and her minor son, while her husband was earning Rs 1.5 lakh per month.
The man, however, refused to pay maintenance to the woman saying she is an advocate and is capable of practising and earning her livelihood.
