A Lieutenant Commander in Indian Navy has been directed by a Delhi court to pay Rs 35,000 per month as maintenance to his estranged wife and minor daughter, observing that the woman was entitled to enjoy the status and standard of living as she was in her matrimonial home.
Additional Sessions Judge Lokesh Kumar Sharma dismissed the appeal filed by the Navy officer against a magisterial court’s order which had asked him to pay a monthly maintenance of Rs 27,000 to his estranged wife and Rs 8,000 for the maintenance and upbringing of their minor daughter under the provision of Protection of Women from Domestic Violence Act.
The court observed that the salary slip of the man, a resident of Kolkata, showed his “exorbitant savings in Provident Fund head to lower down his net income”.
“Be that as it may, no other dependent except the respondent (wife) and the minor daughter of the parties, had been cited as dependent of the appellant (man) herein.
“It is not a disputed fact that the respondent is the legally-wedded wife of the appellant and a minor daughter was born to the parties during the said wedlock. Hence, there cannot be a denial to the fact that respondent herein is also entitled to enjoy the same status and standard of living as she was enjoying while living in her matrimonial home,” the court said.
The trial court had directed the man to pay the amount to the woman and her daughter, who reside in Delhi, on her plea seeking maintenance from him.
The man had challenged the magistrate’s order alleging that his actual income was not assessed properly and the trial court committed an error while granting the maintenance amount which was more than 50 per cent of his actual earning.
The sessions judge, however, said “keeping in view the facts and the income affidavits filed by the parties before the trial court, I do not find any illegality or infirmity in the impugned order warranting any interference of this court in the exercise of its appellate powers and jurisdiction. The appeal is therefore, dismissed being devoid of any merits.
( Source – PTI )