‘Separated working women entitled for maintenance’
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Last Updated: Tuesday, August 23, 2011, 18:05
New Delhi: A woman separated from her husband is not expected to remain "idle and starve" and can claim maintenance from him even after taking up a job, a Delhi court has held.

Additional Sessions Judge Virendra Bhat gave the ruling while ordering the husband of an estranged woman, living at Uttam Nagar in West Delhi and providing private tuition to earn her livelihood, to pay her Rs 14,000 a month to take care of herself.

"In case, she is an educated lady, she would definitely make efforts to do some job and earn livelihood. That should not be a disqualification for her to claim maintenance from her husband," ASJ Bhat said, while awarding the sum as maintenance to her and their son.

The Sessions Court's order came on an appeal by the woman challenging a magisterial court's order which had awarded a maintenance of Rs 4,000 only for the couple's son, but had dismissed the woman's plea for alimony on the ground that she had been earning herself.

The court gave its order also dismissing the husband Rajesh Mahajan's appeal objecting to the magistrate's order asking him to pay Rs 4,000 to their minor son for maintenance apart from paying his school fee.

The court set aside the magisterial court's reasoning for denying the maintenance to the woman and said, "For instance, if a wife after being neglected by her husband, starts begging and gets a handsome amount daily as alms, she can be, by no means, taken to be earning handsomely for her maintenance and not entitled to maintenance from her husband."


First Published: Tuesday, August 23, 2011, 18:05

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