It is husband's duty to maintain wife and son: Delhi court

A Delhi court has rejected a man's plea to set aside an order directing him to pay Rs 15,000 as monthly maintenance to his estranged wife and son in a domestic violence case.

Published: 26th June 2018 04:41 PM  |   Last Updated: 26th June 2018 04:41 PM   |  A+A-

Court Hammer

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By PTI

NEW DELHI: A Delhi court has rejected a man's plea to set aside an order directing him to pay Rs 15,000 as monthly maintenance to his estranged wife and son in a domestic violence case, saying a man is duty bound to maintain his family.

Additional Sessions Judge Sanjeev Kumar II upheld a magisterial court order directing the man to pay Rs 10,000 to his wife and Rs 5,000 for his son's maintenance per month and dismissed his plea considering that the woman was unemployed.

"Younger son is living with the respondent (wife) herein. It is the duty of the husband to maintain his wife and younger son. It is admitted by the appellant (man) that he is earning Rs 40,000 per month.

"The respondent is unemployed and is not earning. In my view Metropolitan Magistrate has rightly granted interim maintenance to the respondent and her younger son. Hence, appeal is dismissed," the sessions judge said.

A magisterial court had in November 2016 granted the interim maintenance to the woman and her son.

In his appeal against this order, the man contended that he himself was living on rent and the amount should be fixed at Rs 10,000 only and not beyond that as he was earning Rs 40,000 per month only.

The woman, however, opposed his plea, saying he was earning Rs 45,000 per month and had shares in properties as well.

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Comments(12)

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  • Heiba

    If the wife is unemployed then who is responsible for her whole life with child ..if man gets married then he has to think about responsibilty of wife and the child ..i am with the court judgement hatts off to ur judgement sir
    1 year ago reply
  • Tanmay Karande

    in this case what was the age of her son. Asking because as per a rule
    1 year ago reply
  • Naveen

    Indian laws are only for middle class and lower middle class. As we see how Salman khan got bail within few hours after sentence to 5 years jail term. This is a Banana republic. In other countries couple are equal in law and are entitled to provide whoever needs it
    1 year ago reply
  • Veronica

    It's so evident that wife cnt live her life with less funds to top it woman is not employed coz of her matrimonial issues .hence she shud be given 20k as her alimony
    1 year ago reply
  • maxtalks

    come on feminists! why rely on a man for money? you don't need men anymore! #metoo
    1 year ago reply
  • Suresh

    Is the verdict gender neutral ? The statement 'husband is duty bound to maintain wife' indicates otherwise.
    1 year ago reply
    • Raka

      Should have said that the earning partner is liable to maintain the family.
      1 year ago reply
  • Swaroop Varghese

    Does the wife have any duty according to law? If the husband was unemployed and wife wealthy would the verdict have been the same? Was it the husband that denied her a job?
    1 year ago reply
    • Prabh

      This country is really biased towards women. Atrocities I believe are carried out by just a fraction of males. In Majority of cases
      1 year ago reply
    • Tridiv

      Women in this country appear to feel that once married
      1 year ago reply
    • Kshitiz

      Yes there are
      1 year ago reply
    • SM

      Your anti women
      1 year ago reply
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