Husband asked to pay Rs 10K as maintenance to estranged wife

A man has been directed to pay Rs 10,000 per month as maintenance to his estranged wife, by a Delhi court which said it was "the social and legal obligation of the husband to arrange for maintenance of the wife".
Additional Sessions Judge Vinay Kumar Khanna, while dismissing the appeal of the man against a trial court order directing him to pay the maintenance amount, noted that his estranged wife had "no independent source of income".
"Respondent (wife) has no independent source of income... The court finds that the maintenance awarded by trial court is appropriate and not on the higher side. This court finds no fault or illegality in the impugned order," the judge said.

"Protection of Women from Domestic Violence Act, 2005 is a legislation aimed at strengthening the economic independence of a woman and, therefore, aspect of financial deprivation of woman is included in the category of economic abuse... It is the social and legal obligation of the husband to make arrangement for the maintenance of the wife," the court said.
The court's observation came on the appeal filed by a man against the trial court order, contending that his wife was not entitled to maintenance as she was working before marriage and has the capacity to work but she left the job.

He had further claimed that his salary was Rs 32,000 per month and his expenditure was Rs 25,659.

"In view of income and expenditure of appellant (man), the trial court has committed an error in directing him to pay Rs 10,000 per month, as interim maintenance to his estranged wife," the man's counsel said, adding that the court also did not take into consideration that he had to financially help his parents and a younger brother.
The woman, who was allegedly thrown out of her matrimonial house by her husband on November 14, 2013, two years after their marriage, alleged that details of expenditure given by him were not correct.

The court, however, rejected the claims of the man and upheld the trial court order, saying, "Amount of maintenance fixed for wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband and also that she does not feel handicapped in the prosecution of her case".