Additional Sessions Judge Raj Kapoor, while modifying a magisterial court's order which had directed the man to pay Rs two lakh interim maintenance and Rs 55,000 as rent to his wife and kid each month, noted that the man was already paying Rs 10,000 per month for the treatment of his four-year-old son.
"Since appellant (man) is already paying Rs 10,000 per month and cashless facility for the child treatment has also been managed, therefore, I am of the view that ends of justice shall be met if impugned order is modified to the extent that interim maintenance amount of Rs two lakh be reduced to Rs 1.8 lakh..." the judge said, while also reducing the rent amount from Rs 55,000 to Rs 45,000.
The court asked him to continue paying the amount till the final disposal of the case in trial court "precisely for the reason that exact income of the parties can be ascertained only during the course of trial."
The man had approached the sessions court against a magisterial court's November 2014 order awarding the interim maintenance to his wife saying she has huge responsibility to take care of her special child.
In his appeal against the trial court order, the man had contended that his wife was highly qualified and had concealed her income.
He had further claimed that the woman was using the son's illness as a "prop" to corroborate her exorbitant demands.
Countering the claims of the man, the woman's counsel Balendu Shekhar, said his client was a "destitute lady" and had the responsibility of looking after her bed-ridden child suffering from neurological disorder.
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