Court denies Rs 50,000 maintenance to woman

A Delhi court has denied Rs 50,000 as maintenance to a woman, who had claimed the amount from her husband in a domestic violence case, saying that generally in matrimonial disputes the aggrieved partner exaggerates the income of the estranged spouse.

PTI| Updated: Sep 11, 2014, 17:53 PM IST

New Delhi: A Delhi court has denied Rs 50,000 as maintenance to a woman, who had claimed the amount from her husband in a domestic violence case, saying that generally in matrimonial disputes the aggrieved partner exaggerates the income of the estranged spouse.

"In matrimonial disputes, generally the applicant shows exaggerated income of respondent and respondent shows that he is earning only bare minimum. The present case is also no exception to this rule," metropolitan magistrate Geetanjali observed, while awarding only Rs 4,000 to the woman.

"Petitioner has shown the income of respondent 1(husband) to be about Rs 50,000 per month, however, there is no document on record to assume the said income.

"But petitioner (woman) has specifically stated about his qualification and his bank accounts from which a presumption can be drawn that he has decent standard of living," the court said, while awarding Rs 4,000 to the woman as monthly maintenance and Rs 2,000 as rent for alternative accommodation.

The court, while holding the woman's husband and mother-in-law guilty of committing the offence of domestic violence, noted that they had not appeared in court to rebut the allegations.

"In view of the facts that the testimony of the applicant has remained unchallenged and unrebutted, this court has no option but to accept her version," the court said, while proceeding ex-parte the woman's husband and mother-in-law, who did not appear in court to defend themselves.

According to the complaint, the woman got married on July 11, 2011 and was residing with her husband and mother-in-law in Bangalore. She alleged that after a few months of marriage, her mother-in-law started taunting and beating her for bringing less dowry.

She further alleged that when she was pregnant in 2012, her husband left her at her parental house because she had refused to go for an abortion.

She claimed that her husband was a qualified mechanical engineer and was earning Rs 50,000 per month and had a sufficient bank balance.