An Indian Air Force pilot has been directed to pay Rs 20,000 to his estranged wife as monthly maintenance by a sessions court here, which said the woman may be qualified to earn a living but she had to attend their minor son too.
The court allowed the appeal of the woman against a magisterial court order that had declined interim maintenance to her as she was an MBA and the allegation of cruelty against her in-laws could not be proved. However, the lower court had on June 29 awarded Rs 10,000 a month to the petitioner to maintain her child, while denying the relief to her.
"It has to be borne in mind that to take care of the minor child, the petitioner has to attend to the child for the whole day. Therefore, it is not easy for her to leave the child and go for a job, especially when the respondent (husband) was not taking care of minor child," Additional Sessions Judge Gautam Manan said.
The judge also said the trial court had "failed to appreciate" that although the woman was educated and could go out to work, she had to devote time to take care of the son.
"Keeping in view the fact that the question of domestic abuse can only be decided after leading evidence, at this stage, the prayer of the petitioner (woman) regarding interim relief cannot be declined, especially when she has to maintain not only herself but the child" as well, Manan said.
The woman, who claimed to have been married in December 2013 and was thrown out of her matrimonial home in May 2016, moved the sessions court seeking an amount for her maintenance.
In her complaint, the woman alleged that she was harassed and tortured by her husband and his parents from the very beginning and sought Rs 60,000 as maintenance per month.
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