New Delhi, Dec 09: Being jobless is no defence for a
man for denying maintenance to estranged wife under the
Domestic Violence Act, a Delhi court has said.
"The mere fact that he has no job at present, it is no
defence for not paying interim maintenance to the wife,"
Additional Sessions Judge Deepak Garg said.
The court's observation has come while rejecting appeal
of a man, an accountant who was allegedly thrown out by his
private employer following registration of a dowry harassment
case against him.
He had challenged a lower court order directing him to
pay monthly maintenance of Rs 1,200 to his wife claiming that
he had no means to abide by the direction.
The plea that she was well taken care of by her mother
and brothers with whom she "willingly" went to live with also
did not find any favour with the court, which dismissed his
appeal.
"The fact that the mother and brothers of the woman are
working and are earning handsomely, it is no ground to say
that she is not entitled to any maintenance. Their incomes
cannot be said to be her income," the court said.
It allowed the woman's contention that husbands are under
"moral and legal duty" to maintain their spouses.
The court also took into account the Minimum Wages Act
saying even a semi-skilled workman's income could be assessed
to be at Rs 3,331 per month.
"The minimum wages must have increased over the years,
and in my view, the petitioner's income could be assessed to
be at least Rs 4,000 per month," the court added.
A complaint under the provisions of the Protection of
Women from Domestic Violence Act was filed against the man and
his family members, who were also facing dowry harassment
charges levelled by the woman.
Bureau Report
First Published: Tuesday, December 09, 2008, 00:00