New Delhi: Income of a man and not his
parents` property should be the basis for deciding maintenance
amount to his estranged wife, the Delhi High Court has said.
The court gave the observation while setting aside a
family court order directing a man belonging to an affluent
family to pay Rs 45,000 per month to his wife while his
monthly income was just 41,000.
Terming the sessions judge`s order as unjustified,
Justice Shiv Narayan Dhingra said, "After attaining self
sufficiency and being employed, a man`s own income has to be
the basis for fixing maintenance for his dependants whether
wife, parents or children.
"The existing properties in the name of father, mother
or sister-in-law cannot be considered as the properties of
spouse. Properties of his brothers or parents cannot be a
basis for fixing maintenance. Status of a man is not
determined from the status of his brother or parents," the
court also said.
Justice Dhingra reduced the maintenance amount from Rs
45,000 to Rs 20,000 while hearing a petition filed by the
husband who contended that the Sessions Court was wrong in
awarding maintenance amount to wife merely on the basis of his
family`s status and properties belonging to his parents.
Accepting the wife`s application for protection and
maintenance under the Domestic Violence Act, the sessions
judge had enhanced maintenance amount from Rs 10,000 to Rs
30,000 and also house rent from Rs 5,000 to 15,000 fixed by
the Metropolitan Magistrate in October last year.