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

Michigan House Approves 'Right-to-Work' Bill

Amid raucous protests, the Republican-led Michigan House approved a contentious right-to-work bill on  Dec 11 limiting unions' strength in the state where the (Union for American Auto Workers)  UAW was born. The chamber passed a measure dealing with public-sector workers 58-51 as protesters shouted "shame on you" from the gallery and huge crowds of union backers massed in the state Capitol halls and on the grounds. Backers said a right-to-work law would bring more jobs to Michigan and give workers freedom. Critics said it would drive down wages and benefits. The right-to-work movement has been growing in the country since Wisconsin fought a similar battle with unions over two years ago. Michigan would become the 24th state to enact right-to-work provisions, and passage of the legislation would deal a stunning blow to the power of organized labor in the United States. Wisconsin Republicans in 2011 passed laws severely restricting the power of public s...

Power to re-assess by AO and disclosure of material facts

In AVTEC Limited v. DCIT, the division of the Delhi High Court held that AO is bound to look at the litigation history of the assessee and cannot expect the assessee to inform him.  In the instant case, the Petitioner, engaged in the business of manufacturing and selling of automobiles, power trains and power shift transmissions along with their components, approached the High Court challenging the re-assessment order passed against them. For the year 2006-07, the Petitioner entered into a Business Transfer Agreement with Hindustan Motors Ltd, as per which, the Petitioner took over the business from HML.  While filing income tax return for the said year, the petitioner claimed the expenses incurred in respect of professional and legal charges for the purpose of taking over of the business from HML as capital expenses and claimed depreciation. Article referred: http://www.taxscan.in/assessing-officer-bound-look-litigation-history-assessee-delhi-hc-read-order/8087/

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...