New Delhi: A Delhi court has directed a man to pay monthly maintenance of Rs 4,000 to his estranged wife in a domestic violence case against him, saying being the husband he is duty-bound to maintain his wife.
"As petitioner (wife) is unable to maintain herself hence respondent one, being husband is duty-bound by law to maintain his wife. Therefore, in the facts and circumstances he is ordered to pay sum total of Rs 4,000 per month," Metropolitan Magistrate Richa Parihar said.
The court also directed the man to pay Rs 25,000 to his wife as damages and litigation expenses.
According to the case filed by the woman, she was beaten up by her husband, brother-in-law and father-in-law for bringing insufficient dowry.
She had alleged that her husband and in-laws were in habit of consuming liquor, sleeping pills and taking injections and had beaten her up severely on many occasions, due to which she had to leave the matrimonial house and reside with her parents.
She had sought maintenance claiming that she was unemployed and had no means to earn her livelihood.
The court, while awarding the maintenance to the woman, noted that the accused had not filed any reply and the woman's evidence remained "uncontroverted and unchallenged".
"Therefore, I have no reason to disbelieve the averments made in the petition and as reiterated in the affidavit," the magistrate said.
The court, however, refused to accept the woman's contention that her husband was a businessman and earned over Rs 50,000 a month, saying there was no document to prove his occupation and income.
"Considering the fact that the respondent (husband) is an able-bodied middle-aged man, therefore, he is expected to be able to earn at least the minimum wages of at least Rs 8,632 per month as per the minimum wages Rules of Delhi Government for unskilled worker," it said.