A Mumbai court has reaffirmed a ruling directing a man to pay interim maintenance to his estranged wife, even as the husband maintained he had no income. The court dismissed an appeal filed by the husband, upholding the decision made by a magistrate court.
The initial judgment was issued by the Mazgaon Magistrate court, which instructed the husband to provide interim maintenance to his estranged wife, considering his physical capacity to earn income. Although concrete evidence of the husband’s income was lacking, the court underscored his capability to generate income as a crucial factor.
Central to the case was the evidence presented before the Magistrate court. The wife highlighted specific social media posts featuring the husband’s visiting card and other content hinting at his engagement in some form of work. In contrast, the husband claimed he had never held a steady job during their marriage and beyond.
Upon thorough examination, the Magistrate concluded that while the presented documents did not definitively establish the husband’s income, his physical capacity to earn income was undeniable. Consequently, the court ruled in favor of the wife, ordering the husband to provide Rs 5,000 per month as interim maintenance, along with Rs 3,000 per month for the support of their two sons.
The wife’s narrative centered around allegations of abuse and extramarital affairs. The couple initially resided in a rented apartment in a Mumbai suburb after their marriage. The wife contended that her financial dependence on the husband was worsened by his alleged abusive conduct and involvement with another individual.
Invoking the provisions of the domestic violence act, the wife sought legal recourse to secure relief. The husband, in response, countered with claims that the wife had filed a First Information Report (FIR) against him for charges of domestic violence and rape, leading to his subsequent arrest and unemployment.
Additional Sessions Judge NP Tribhuwan assessed the case and endorsed the original Magistrate court’s stance. Judge Tribhuwan affirmed that the Magistrate court had judiciously considered both legal and factual aspects, demonstrating prudent judgment in granting the wife’s application. Consequently, the husband’s appeal was dismissed
