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Bombay HC asks lower courts to revisit order on maintenance to woman

The High Court asked the lower court to revisit the order wherein it had asked the husband to pay a monthly maintenance of Rs 5,000

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The husband was asked to pay a monthly maintenance of Rs 5,000
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The Bombay High Court has asked a magistrate court to take into fresh consideration the monthly maintenance amount it set to be given to a woman who had filed a complaint of domestic harassment against her husband. The High Court asked the lower court to revisit the order wherein it had asked the husband to pay a monthly maintenance of Rs 5,000 and Rs 5,000 as rent to the woman, beside a one-time compensation fo Rs 50,000 for physical and mental agony, and take into consideration the salary she used to earn before her husband forced her to leave the job.

Justice Prakash D Naik, while setting aside two orders of the magistrate and sessions court, which had overlooked the last salary certificate of the woman, while granting her compensation said, "Taking into consideration the fact that both courts ignored the documents with regards to the income of the applicant, it would be appropriate to direct the trial court to decide the issue relating to quantum of maintenance as well as relief of loss of earning afresh."

Claimed that before she quit her job under duress, she was earning Rs 15,000 per month, the complainant asked that she be given the same amount as maintenance.

The woman in her complaint claimed within a year of their marriage in 2009, her husband and in-laws started harassing her. She was forced to move out of the house, and her husband asked her to leave her job and stop using mobile if she wanted to return.

THE CASE

  • The woman had moved courts against her husband for harassing her and demanded a monthly maintenance to be paid to her. 
     
  • Two lower courts, which had heard the matter, has set the amount without taking into consideration the salary she used to earn.
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