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Delhi court orders man to pay Rs 35,000 as monthly maintenance to estranged wife

A man, accused in a domestic violence case, has been ordered to pay a monthly maintenance of Rs 35,000 to his estranged wife, with a Delhi court dismissing his appeal saying the woman is entitled to live the status she was enjoying before parting ways.

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A man, accused in a domestic violence case, has been ordered to pay a monthly maintenance of Rs 35,000 to his estranged wife, with a Delhi court dismissing his appeal saying the woman is entitled to live the status she was enjoying before parting ways.

Additional Sessions Judge Lokesh Kumar Sharma upheld a magisterial court order while considering the socio-economic status of the parties and said the interim maintenance awarded to the woman was not on higher side. "Keeping in view the mandate of the superior courts, the purpose behind awarding interim maintenance is not only to save the wife from starvation and destitution, but also she is entitled to live the status which she was enjoying before parting with the company of her spouse.

"In my considered opinion, considering the socio-economic status of the parties, the interim maintenance as awarded by the trial court does not seem to be on a higher side," the judge said.

The court also noted that both the parties were yet to adduce their respective evidences on record in support of their rival claims. The man had filed an appeal against the magisterial court contending that his estranged wife, who had sought maintenance from him in the case, was financially secure and had hidden her actual income.

The court, however, said, "If the appellant is able to adduce cogent evidence in support of his allegations, then, trial court shall definitely take the same into consideration while deciding the case finally and may even direct the woman to return the amount so received by her as an interim measure if the case is finally decided against her." "

As on date, there appears to be no illegality or infirmity in the impugned order passed by the trial court warranting any kind of interference of this court in the exercise of its appellate powers and jurisdiction," it said.

In his appeal, the man had contended he had aged parents to take care of and the court was not justified in awarding monetary relief to his estranged wife. The court, however, rejected his contention saying they are retired government servants, "hence, they cannot be considered as dependent on their son."

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