A Delhi court has refused to set aside an order directing a man to pay monthly interim maintenance to his 80-year-old mother in a domestic violence case, saying he was under the legal obligation to do so.
The court held that the amount of Rs 3,500 to be paid every month to the old woman, who had filed a case under Protection of Women from Domestic Violence(PWDV) Act against his son Vinod Gupta, was not excessive and dismissed his appeal against the trial court order.
"The appellant (man) alleged that his monthly income is Rs 9,000 per month, but in his affidavit ofincome, hehas stated his incomeas Rs 15,000 per month.
"Fromthis,itisalsoclear thattheappellant isnot disclosing his correct monthly income. He is under legal obligation to maintain his mother," Special Judge Rajneesh Kumar Gupta said.
The court also said there was no evidence on record to show that his aged mother was able to maintain herself.
Vinod, a Northwest Delhi resident, had preferred the appeal saying he has to maintain his wife and three children and he was also paying Rs 3,500 to his father as maintenance.
"Iamoftheopinion that the amount of interim maintenance awardedbythetrialcourtis reasonable and cannotbesaidtobeexcessive.Accordingly,Idonotfind any infirmityorillegalityintheimpugnedorderand it is upheld. Theappealiswithoutanymeritanditisdismissed," the judge said.
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