Holding that a father is "morally and legally bound" to provide for upbringing of his children,a Delhi court has directed a lawyer to pay Rs 8,000 a month as maintenance for his two children. Metropolitan Magistrate Vandana Jain,however,denied the alimony to the lawyer's wife saying she is not entitled to any maintenance as she is gainfully employed in the school. "In the present case,keeping in view the fact that the petitioner (woman) is herself working as an LDC and is earning Rs 12,000 per month as per the reply to the RTI filed by the respondent (man),I am of the view that she is not entitled to any maintenance as she is gainfully employed in the school. "As far as both the children are concerned,the man is morally and legally bound to maintain both the children," the court said,while deciding the woman's plea for maintenance from her husband for herself and the kids,living separately. The woman had moved court for maintenance saying she is still a legally-wedded wife of the man and her minor daughter and son,who are their children,are also entitled for it. The woman,an East Delhi resident had stated before the court that she is a teacher in a school and is only earning Rs 10,000 per month. Therefore,she needs more money to maintain herself and her school-going children. The man's counsel,however,told the court he is not in a condition to give maintenance to his wife and the two kids as he is earning Rs 2,500 to Rs 3,000 per month. The advocate's counsel said he is spending Rs 2,000 per month on his elderly mother as she is suffering from joints pain and heart ailment. "The woman is working in some school where both the kids have been admitted and therefore,tuition fee of one of the children is exempted in the school," the man's counsel said. Brushing aside the man's submission,the court said the school fees of one kid may be exempted but there are other so many expenses,which are to be borne by the parents like tuition,books and clothes,which are the basic necessities for school going children in the contemporary age. "Keeping in view the nature and condition of work being the law graduate,he must be earning Rs 15,000 a month and Rs 5,000 from being the Notary i.e. total amount of Rs. 20,000 per month. "Therefore,petitioners son and daughter are awarded maintenance of Rs 4,000 each per month," the court said,noting that the lawyer is also working as an accountant,maintaining ledgers in two firms namely Metro Engineering,Ghaziabad and Sohan Udhyog Ghaziabad. "Even an accountant would be fetching Rs 7,000 to 8,000 per month at least from one company while doing such kind of job. It is an admitted fact that respondent is a law graduate. As per Minimum Wages Act,the income of a graduate is around Rs 7,500 per month," the court said.
