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Family court rejects woman's plea for extra maintenance from husband

The family court recently rejected the plea of a woman who had demanded that her husband pay Rs3 lakh towards their two sons' studies, after the sons claimed their father was already taking care of their expenses.

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The family court recently rejected the plea of a woman who had demanded that her husband pay Rs3 lakh towards their two sons' studies, after the sons claimed their father was already taking care of their expenses.

The husband had approached the family court, seeking divorce on the ground that his wife was ill-treating him and thus he had left his house and was residing at a friend's place since 2011. As per his submission, he was paying Rs50,000 a month to his estranged wife for household expenses.

However, the woman filed an application seeking interim relief, pleading with the court to direct the husband to pay an additional Rs3 lakh for their children. She also sought Rs1 lakh extra and another Rs1 lakh towards her litigation cost.

In her application, she claimed that the husband has enough funds with him to pay her. "Apart from his work, he has a business, bringing in over Rs5 lakh per month. He also has two galas at Goregaon and owns three luxury cars," the application reads.

The husband, however, showed evidence to prove that he is currently jobless and that he has already given his sons two of his cars for commuting. He also showed the court details of the loan he took to purchase the flat, in which his wife, mother and sons reside, saying he is the one who has clear the loan.

The court, after going through the evidence, held, "I hold that the sons, who have not themselves claimed any amount, can't claim through their mother. They have to obtain the amounts required by them for their education by being good to their father."

The court further claimed that now that the husband isn't working, maintenance of Rs15,000 per month would be apt amount. The court has asked the husband to clear the arrears of the maintenance amount from December 2014.

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