Estranged wife & child are entitled to decent living: Court

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A Delhi court has asked a man to pay Rs 8,000 as maintenance to his estranged wife and their two-year-old child, saying they are entitled to a decent living and the ordinary comforts of life.

Additional Sessions Judge Sanjay Sharma asked the man, a Delhi resident, to pay Rs 4,000 per month each to the woman and their child as interim maintenance, while dismissing his appeal against a trial court order.

The man had approached the sessions court, claiming that interim maintenance awarded by the trial court was exorbitant and deserved to be set-aside.

“The respondent No 1 (woman) and 2 (child) are entitled to a decent living. The respondent No 1 and 2 are entitled to ordinary comforts of life. The appellant (man) has no other liability except to maintain them,” the court said.

While passing its order, the court also noted that the man had concealed his true income form the court as he had not placed on record the relevant material to assess the same.

“Given by ordinary requirements of a woman and a two-year-old child, and the present day soaring prices, Rs 4,000 per month towards interim maintenance to each of them cannot be termed as excessive,” it said, noting that the woman was not earning.

The woman had told the court that she was married to the man in October 2011. But soon there was a marital discord and she left her matrimonial house to reside with her parents in July 2012, she said.

Thereafter, she had filed an application before the court seeking interim maintenance for herself and their child.

 

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