June 21, 2012 8:26:53 pm
A government bank official has been asked by a Delhi court to pay Rs 10,000 a month to his estranged wife and daughter to take care of themselves.
The mahila court ordered the bank official to pay maintenance to his wife,observing that “it is a settled law that an able bodied man is legally and morally bound to maintain his wife and children.”
Metropolitan Magistrate Priya Mahendra,however,also expected the bank official educated wife to earn herself and and said,”A woman having educational qualification and professional experience is also responsible to earn her livelihood and cannot sit idle in order to claim maintenance from husband.”
“Nevertheless,the complainant has stated that she is presently without job and not earning anything,” the court said while ordering her husband to pay maintenance to her.
The magistrate said the woman and her daughter is entitled to receive Rs 5,000 each per month as maintenance from her husband who works with IDBI Bank in Rajasthan.
The court directed the man to pay additional Rs 5,000 to his wife,a resident of Gautam Nagar here,as legal expenses.
The woman,a native of Nagaland,said she married the man in Kolkata in October 2003 and it was a love marriage and then they started residing in Delhi as they were employed here.
A graduate,the woman said after their marriage her husband refused to go on honeymoon trip like other couples,citing professional commitments. In 2005,a daughter was born to the couple and she was force to leave the job.
By March 2006,their relationship became sour due to the man’s egoistic and authoritarian attitude,she alleged.
The woman also alleged that her husband was having an extra marital affair with one of his colleagues and started ignoring her and also used to beat her due to which she along with her daughter started living separately.
Seeking maintenance from the man,the woman said he was earning Rs 50,000 per month besides other financial benefits.
“The complainant is without job since November 2005 and is not earning and is entirely dependent on her parents for her as well as her daughter’s sustenance,” the woman said in her complaint,adding that the house in which she is presently staying is owned by her.
The man,however,denied the allegation saying the woman was not happy with him and used to humiliate him for his poor financial condition.
He said he was living in a rented accommodation and to save his matrimonial life,he had shifted to the woman’s house but her behaviour became more rude towards him.
Refusing to pay alimony,the man said she was a woman of means and was living a luxurious life with modern amenities.
The court,however,asked him to pay maintenance to his wife and daughter per month.
The magistrate also restrained the man from causing any type of domestic violence against the woman.
“Considering the material on record,protection order is passed under section 18 of the Domestic Violence Act in favour of the aggrieved person (woman) and against the respondent (man),restraining him from inflicting/causing any kind of domestic violence upon the aggrieved person,” the court said.
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