A court here has refused to set aside an order directing a man to pay Rs 5,000 monthly interim maintenance to his estranged wife in a domestic violence case, saying the amount will not give her a luxurious life in view of the standard of living in metropolitan cities like Delhi.
"Keeping in view the standard of living in metropolitan cities like Delhi, I am of the considered view that with an amount of Rs 5,000 per month, the respondent (wife) would only be able to meet her basic and minimum needs and she cannot be considered to be leading a luxurious life with such an amount, as awarded by the Metropolitan Magistrate (MM).
"Hence, I do not find any illegality or infirmity in the impugned order as passed by the MM," Additional Sessions Judge Lokesh Kumar Sharma said, while dismissing the man's appeal.
The judge also rejected his contention that he was unemployed for over a year, saying, "Idonotfindanymerit inthesubmissionasitis thesettledpropositionoflaw that everyablebodiedpersonisconsideredtobe fittomaintain hiswifeandchildren."
A magisterial court had on January 16, 2015 granted a monthly interim maintenance of Rs 5,000 in favour of the woman, who had lodged a domestic violence complaint against her estranged husband.
The man, in his appeal, had alleged that the woman had filed a false case in order to extort money from him and that she herself was earning nearly Rs 20,000 per month.
The court dismissed the man's plea but directed that if the woman ultimatelyfailstoqualifyon merits during trial, "then,withoutprejudicetofurtherrightsandcontentionsof theparties, she shallbeliabletorefundtheentireamount soreceivedbyher fromtheman towardsinterimmaintenance.
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