A jobless alcoholic, accused of torturing his wife and misusing her hard earned money, has been directed to pay Rs 3,000 as monthly interim maintenance to her and their minor daughter by a Delhi court which also restrained him from entering her house.
Metropolitan Magistrate Richa Parihar passed the ex-parte order, saying, "As the respondent (man) has not appeared in the court to rebut the allegations of the woman and has not filed any reply, hence accusations raised in the petition are deemed to be admitted by him.
"The evidence led by the woman is un-controverted and unchallenged by the husband...As petitioner (woman) has proved her case, she is entitled for the relief under Protection of Women from Domestic Violence Act, 2005," the magistrate said.
The court directed the husband to pay Rs 1,500 each as maintenance to his wife and their 15-year-old daughter, along with Rs 25,000 as compensation to her for damages and litigation expenses.
It also restrained him from entering the house of his wife where she was staying with her daughter.
"Respondent is restrained from entering in the shared house hold and is further restrained from interfering in the peaceful possession and living of petitioner. With these observations petition is disposed off as allowed," the court said.
The court, however, denied police protection to the woman saying, "As respondent is not residing in the shared household with the woman, there is no immediate threat of domestic violence by him to her hence no protection order is required".
The court's order came on the plea of the woman, a resident of Mayur Vihar, seeking protection from her husband, whom she had married in 1983, alleging that he used to beat her and spend the money she earned by working as domestic help on alcohol and other "bad habits".
She had alleged that the man was jobless and she had moved out of the matrimonial house with her daughter to live in a shop she had bought from her saved money.
In her plea, she said that her husband failed to fulfil her legitimate expectation to be cared for and looked after and was left in the city to fend for herself and her child.
The man failed to appear in court to defend himself or counter the allegations, hence the proceeding was done ex-parte.
