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Thursday, July 19, 2018

Alimony: Court divides man’s income into 5

A tailor has been directed by court to pay Rs. 3,900 as monthly maintenance to his estranged wife.

Written by Agencies | New Delhi | Published: April 5, 2012 4:16:41 pm

A tailor has been directed by a Delhi court to pay three-fifth of his earnings — Rs 3,900 — as monthly maintenance to his estranged wife and two minor daughters.

Metropolitan Magistrate Vandana Jain asked Jagjit Singh,also working as a property dealer,to give alimony to his wife and his minor children,who were mercilessly beaten up by the husband and his family members and were thrown out of the house at Vinod Nagar in East Delhi in March 2009.

“…I am of the view that the family cake is to be divided into five portions,out of which two portion is to be retained by the earning spouse and remaining three portions are to be divided amongst three petitioners (woman and her two minor daughters),” the court said.

The court’s order came on a plea filed by the woman who said she was an unemployed lady and was unable to maintain herself and her minor girls,who are school going children.

Observing that the man has no other liability apart from maintaining his wife and his minor daughters,the court said,”Keeping into account the observations made above,respondent (man) is directed to pay maintenance to petitioner no 1 (woman) Rs 1,300 per month till the date of re-marriage or for life time and to his minor daughters Rs 1,300 each per month till attaining majority or till the time law otherwise permits.”

The couple got married in 1999 at Arya Samaj Mandir in West Patel Nagar here,and two daughters were born in June 2000 and April 2002 respectively,the woman said. The woman alleged that she was tortured by her husband and his family members at her matrimonial home for not brining dowry as per their expectations.

The woman’s counsel told the court that she was beaten up mercilessly by her husband and was compelled to bring Rs five lakhs for starting some business of property dealing and as she refused to do so,she was thrown out of her matrimonial home in 2009.

During the pendency of the woman’s petition,Singh had appeared in the court once but thereafter he preferred not to contest the plea.

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