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A sessions court here has asked a trial court to reconsider its order in a maintenance case, noting that the man was asked to make the payment to his estranged wife and their child without his proof of income being considered.

Additional Sessions Judge (ASJ) Gautam Manan passed the order in a criminal appeal filed by Naval Kishore against the verdict of a trial court, by which he was directed to pay maintenance of Rs 2,500 per month to his estranged wife Rekha and Rs 1000 per month to their child.

“I find that trial court has passed the orders awarding maintenance without considering the proof of income of the appellant and his financial assets, if any.

“The trial court is directed to decide the quantum of maintenance after taking the affidavit of appellant’s income and after giving due consideration to the rival contentions of the parties in respect of their earnings,” the judge said.

In his appeal, Kishore had claimed that the trial court had not taken detailed income affidavit and relevant documents filed by him on record.

He said that his total income was less than Rs 3500 per month and it was impossible for him to pay the amount of maintenance to Rekha and child.

Kishore had also told the court that Rekha had filed the application for maintenance in 2013, after about seven years of separation from him, hence it was time barred.

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