Skip to main content

Plea of maintenance rejected because of meager salary

The plea of a mentally unstable woman, seeking interim maintenance from her estranged husband in a domestic violence case, has been rejected by a Delhi court which noted that the man had a "meagre salary" and after providing for basic needs, he was left with "almost nothing". Additional Sessions Judge Amit Bansal upheld magisterial court's order denying the interim maintenance to the woman, on the ground of financial status of the husband, who was earning merely Rs 4,500 per month and was already maintaining his widowed mother and mentally unstable child.

The judge, while noting that the man had to spend Rs 1,300 monthly for medical care of his mother and mentally unstable son, besides other miscellaneous expenses including power, water, etc., said, "It is evident that the husband is earning a meager salary and all of it is spent upon the above said heads of expenditure. "The payment capacity of the husband and his liabilities have also to be considered while fixing the maintenance...it seems that after providing for minimum basic necessities and liabilities, he is left with practically almost nothing." The court, while dismissing the appeal of the woman against the trial court order, also noted that she could not prove that the salary proof of her husband was false or that he had no such liabilities.

The court, however, took exception to the trial court's observation that it was "only a moral duty" of her husband to provide her maintenance. "The trial court has committed an error of law by mentioning that it was only a moral duty of a husband to provide maintenance to his wife and children, as it is the legal duty of the husband...," the judge said.

While denying maintenance to the woman, the court accepted the husband's contention that the woman owned a property which could fetch her sufficient rent to maintain herself.

"This court cannot be oblivious of the fact that the appellant (woman) is owning a residential property in Delhi and if the said property is given on rent, she can earn sufficient income to provide for herself. In this regard, it seems that the trial court rightly came to the conclusion that the father of the woman could have let out the property. The woman has failed to show any substantial or reasonable cause as to why the said property is lying vacant," it said, noting that the woman was mentally unstable.

The woman, through her father, had filed an appeal against the trial court order seeking maintenance on the ground that she was mentally ill and required continuous support from the husband, who had thrown her out of the matrimonial house a few years after their marriage in 1998 for bringing insufficient dowry. It contended that the father of the woman was unable to support her for her day-to-day needs, including medical and daily care.

The husband, however, denied all the allegations made in the woman's plea and contended that he was not earning well and had to support his aged mother and his minor son.

Article referred: http://www.dnaindia.com/india/report-domestic-violence-case-citing-meagre-salary-delhi-court-rejects-wife-s-plea-of-maintenance-by-estranged-husband-2034819

Comments

Most viewed this month

Deposit Of Minimum 20% Fine/Compensation U/s 148 NI Act Mandatory

In OP(Crl.).No.348 OF 2019, T.K.SAJEEVAN vs FRANCIS T.CHACKO, the appeal was filed against the order of the lower court to deposit 25% of the fine before filling of appeal. The appellant argued that the deposit introduced through the Section 148 of the NI Act after amendment was directory in nature as it used the term 'may' while mentioning the issue of deposit. The Kerala High Court however disagreeing held that in view of the object of the Legislature while incorporating Section 148 into N.I. Act, the word 'may' will have to be read as 'shall'. The imposition of payment contemplated under Section 148 N.I. Act cannot be restricted to some prosecutions and evaded in other prosecutions. Since the amount directed to be deposited being compensation, undoubtedly, it is liable to be ordered to be deposited irrespective of the nature of the prosecution. Therefore, the word 'may' can only be taken to have the colour and meaning of 'shall' and there

NCLT - Mere admission of receipt of money does not qualify as a financial debt

Cause Title : Meghna Devang Juthani Vs Ambe Securities Private Limited, National Company Law Tribunal, Mumbai, CP (IB) No. 974/MB-VI/2020 Date of Judgment/Order : 18.12.2023 Corum : Hon’ble Shri K. R. Saji Kumar, Member (Judicial) Hon’ble Shri Sanjiv Dutt, Member (Technical) Citied:  Carnoustie Management India Pvt. Ltd. Vs. CBS International Projects Private Limited, NCLT Swiss Ribbons Pvt. Ltd. & Anr vs. Union of India & Ors. (2019) Sanjay Kewalramani vs Sunil Parmanand Kewalramani & Ors. (2018) Pawan Kumar vs. Utsav Securities Pvt Ltd 2021 Background Application was filed under section 7 of the Insolvency and Bankruptcy Code, 2016 alleging loan of Rs, 1.70 cr is due. The Applicate identified herself as the widow and heir of the lender but could not produce any documents proving financial contract between her Late husband and the CD but claimed that the CD has accepted that money was received from her husband. The applicant subsequently filed rejoinder claiming the debt t

Jurisdiction of consumer forum is not ousted even if the other party has filed suit on the same matter in Civil Court

In Yashwant Rama Jadhav v. Shaukat Hussain Shaikh, First Appeal No. 1229 of 2017, decided on 18.11.2017,  the grievance of the petitioner before the National Consumer Disputes Redressal Commission was that appellants/complainants had entered into agreements with the respondents for purchase of residential flats, which the respondents were to construct and despite paying the substantial amount to the respondents, the construction of the flats had not been completed. The State Commission dismissed the complaints and ruled in favor of respondents against which the appellants approached the National Commission. The NCDRC held that Section ‘3’ of the Consumer Protection Act, to the extent it is relevant provides that the provisions of the Act shall be in addition and not in derogation of the provisions of any other law for the time being in force. Thus the remedy available under the Consumer Protection Act is an additional remedy, which Parliament has made available to a consumer. Even