Sunday, November 20, 2011

‘Can’t deny alimony over adultery’

NewDelhi:A husband can’t deny maintenance to his divorced wife on the ground that she was involved in an adulterous relationship, a Delhi court has ruled. Rejecting the plea of a policeman who sought to wriggle out of alimony, additional sessions judge T R Naval asked him to pay Rs 4,000 a month.
The cop had challenged a magistrate’s order directing him to pay the amount, saying his wife had carried on an affair even after marriage in 2004.The former wife had also moved court seeking enhancement of alimony to Rs 15,000 per month, saying her ex-husband earned more than Rs 50,000 a month and had no other liability.
The judge however, disposed of the petitions saying said the magistrate’s order passed by the magistrate was “fair” and “proper”, considering and took into consideration that the man had remarried and had the responsibility of his second wife and children.
The woman, in her petition before the magistrate, said she was given dowry at the time of her marriage in February 2004 but her husband and in-laws taunted her for not bringing a car in tow. “I am unable to maintain myself, being illiterate and unemployed. I pray for seeking direction to my ex-husband to pay Rs15,000 per month as maintenance and Rs 5,500 as litigation charges,” she pleaded.
A resident of east Delhi, the woman alleged that her husband used his position in the police force to threaten her and her family members and also beat her up.

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