New Delhi: A man has been asked by a Delhi court to pay Rs 1,500 a month as maintenance to his estranged wife and daughter, living separately from him since 2004.
Metropolitan Magistrate (MM) Ekta Gauba also asked the man, a tailor, to pay Rs 8,000 as litigation cost to his estranged wife who had sought maintenance saying she had been thrown out of her matrimonial house by her husband and in-laws in August 2004 when she was pregnant.
"Considering his (man) income, I award Rs 1,000 per month as maintenance in favour of petitioner number one (woman) and Rs 500 per month as maintenance in favour of petitioner number two (daughter)....," the magistrate said.
The woman, a Delhi resident, had alleged her marriage was solemnised with the man in February 1999 but soon after the marriage, her husband and in-laws began harassing and beating her up.
She said she was constantly tortured and humiliated by her husband and in-laws and was thrown out of her matrimonial house in August 2004, since when she has been residing with her parents and while husband refused to maintain her.
The man denied his wife`s allegations and said he had neither neglected nor refused to maintain her and it was she who had left him without any justification.
He said his wife was working as a maid and when he had gone to take her back from her parental home, she refused to come with him.
The court earlier in January 2007 had granted a monthly interim maintenance of Rs 1,500 to the woman and her daughter, assessing man`s income to be Rs 3,000 a month.
The woman had challenged the magisterial court`s order in a Sessions Court which had dismissed her plea in April 2007.
During adjudication of the case, the court recorded the woman`s evidence, but the man, despite having been given ample opportunities, did not give any evidence to substantiate his claim that his wife had left him on her own.
"No new evidence has been brought by petitioner (woman) in support of her case. Even the respondent (man) has failed to lead any evidence to the contrary.”
"Thus, at this stage, there is nothing on record to presume a higher income of the respondent more than Rs 3,000 per month which was presumed at the time of granting interim maintenance," the MM said.