Wednesday, January 7, 2015

Husband can’t deny wife maintenance saying that she can earn - Court

A Delhi court has asked a man to pay Rs 25,000 as interim maintenance per month to his wife saying that a husband cannot shirk his liability to maintain his wife on the pretext that she is qualified and competent enough to earn.Metropolitan Magistrate Mona Tardi Kerketta asked a Delhi based doctor to pay Rs 25,000 per month to his unemployed wife while disposing off her interim application seeking grant of interim monetary relief under Domestic Violence Act.
“The court is of the view that respondent no. 1 being husband cannot shirk his liability to maintain the complainant (wife) on the pretext that she is qualified and competent enough to earn for maintenance,” the court said.It said that after marriage, the husband was duty bound to maintain his wife as per means and resources available to him and added that she was entitled to seek interim maintenance for herself.The court observed that “though in today’s scenario, even women are expected to shoulder the responsibility to run a household and earn for maintenance but the fact remains that the complainant of the present case is unemployed and without any source of income.”Directing the husband to pay a sum of Rs 25,000 per month as interim maintenance to complainant (wife), the court noted that prima facie it was evident that the wife had been a victim of domestic violence.It said that “allegation and counter allegations levelled by the parties against each other shall be proved only after leading evidence.”The woman had approached the court seeking interim maintenance from her estranged husband and had claimed herself to be a household lady, without any source of income.The husband, however, had contended that complainant is a well qualified lady who has completed her education from Canada and is competent enough to work and earn handsomely and lead a luxurious life.

No comments:

Post a Comment