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Man to pay Rs 50,000 maintenance per month to wife, daughter

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Press Trust of India New Delhi
A man has been directed by a court here to pay Rs 50,000 per month interim maintenance to his estranged wife and daughter, who are living separately from him.

The sessions court disposed of the appeal filed by the man challenging the order of a magisterial court which had asked him to pay Rs 32,000 and Rs 18,000 per month to his wife and child respectively.

"Keeping in view the fact that the appellant (husband) himself has not been very clear and specific with regard to his source of income and actual income, I hereby hold that the order of the magistrate dated April 27, 2013, which is a detailed speaking order and the interim maintenance of Rs 50,000 per month to the wife and their minor daughter fixed by her on the basis of the conservative estimation, is fair and just as it also include the rental charges for alternative accommodation.
 

"Therefore, under these circumstances I am not inclined to intervene in the impugned order," Additional Sessions Judge Kamini Lau said.

The man, a resident of Hyderabad, said in his appeal that the trial court had failed to consider that the woman, residing in Delhi, had filed a harassment case against him with the sole motive to extort money.

He said the woman had got her own export trading house in Delhi and she earns sufficient income from it. He alleged that the woman had concealed her real income from the court and due to this, she was not entitled for any monetary relief.

He said his income was Rs 3 lakh per annum but the trial court had asked him to pay Rs 6 lakh maintenance per year.

The woman, however, said she had not misrepresented anything in the court and alleged that the man had dishonestly concealed details of his bank account in the UK.

The woman also said she was in the textile business till 2010 but discontinued it and all her savings had been spent on the welfare of her daughter.

The court, however, noted that both the man and the woman had exaggerated their claims.

"On the one hand,the man is alleged to have not disclosed his true nature of job and earning, whereas on the other hand, it is alleged that the woman is financially independent and is capable of taking care of herself. It is a settled law that the wife is entitled to the same status as that of her husband even if she is earning," it said.

The court directed the magistrate, who is dealing with the maintenance plea of the woman, to expedite the disposal of the main application preferably within six months.

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First Published: Oct 18 2013 | 1:26 PM IST

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