Can't Deny Maintenance to First Wife Because of Second: Court

Published: 06th August 2015 01:57 PM  |   Last Updated: 06th August 2015 01:57 PM   |  A+A-

By PTI

NEW DELHI: A Delhi court has directed a man to pay his first wife and their two children Rs 8,000 interim maintenance per month in a domestic violence case, saying he cannot shirk his liability on pretext of having responsibility of maintaining second wife.

"The court is of the view that the complainant and her two children are entitled to interim maintenance in view of the fact that the man being her husband and father of their kids, is legally and morally duty-bound to maintain them as per means available to him..."He cannot shirk this liability on the pretext of having insufficient means or responsibility of maintaining second wife," Metropolitan Magistrate Mona Tardi Kerketta said while rejecting the man's contention that he was ill and had to look after his second wife too.

The court, however, rejected the claims of both the parties in terms of income proof saying no detailed evidence has been filed to prove their financial conditions. As per the complaint, the woman had contended that her estranged husband was earning Rs 55,000 per month from his hotel business and that she was a house-maker without any professional qualification.

The man denied the contentions and claimed that he was merely assisting his father in his business, and earned Rs 10,000 a month. He had further claimed that he was a diabetic and had to maintain his second wife. The court, however, observed that the man did not disclose complete details of his business and total income.

"He has also not brought any document to prove his income per month. It appears that he has done so with the sole motive of suppressing his true income," it said.

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