Metropolitan Magistrate Vandana directed the man to pay Rs.7,500 for the maintenance of his son, observing that child’s chronological age is approximately 17 years but his social age is 9- 10 years.
“I find it appropriate to mention here that it is usual tendency of the parties that they do not disclose their income truthfully especially where the parties are self-employed or employed in the unorganized sector,” the magistrate said in the order delivered last week but released Friday.
The court’s ruling came while hearing the woman’s plea seeking interim maintenance from her estranged husband, saying that her savings have finished while taking care of her son and now she wants money to maintain herself and child.
However, the court has refused the woman’s plea seeking maintenance for herself, saying she is well-qualified and capable of maintaining herself and can find a suitable job.
The court observed that woman is a graduate from Delhi University and done certificate course from NIIT and IBM.
“Sitting idle of a person who is educated enough to maintain herself/himself without any reasonable cause cannot be considered a reason for demanding maintenance,” the court said.
“A person who is capable of work, must work.”
The court said: “The educational status and the standard of living of the complainant (wife) seems to be far better than the respondent (husband).”
The petitioner was married to man in November 1995 and they had a child in October 1996.
The woman told court that due to dispute between them, she left the matrimonial house in December 2012 and shifted to Faridabad with their son.
The woman told court that earlier she was financially supporting her husband and given Rs. 4 lakh to him as a capital to start his business. But in 2010, she lost her job.
After that, she started demanding money from her husband for household expenses and treatment of his minor child. Her husband refused her demand on the pretext of not earning well.
However, she claimed that her husband has flourishing business and earning Rs.3 lakh per month and requested court to grant Rs.1.25 lakh as monthly maintenance for her and the child.
However, the man countered his wife’s submission.
The court then estimated that the man must be earning an amount of Rs. 20,000 to Rs. 22,000 per month.