Cannot Allow Man to Run Away From Maintaining Wife, Child: Court

New Delhi: Coming to the aid of a destitute woman, a local court has directed her estranged husband to pay Rs. 4,800 per month as maintenance to her and their child in a domestic violence case saying he “cannot be permitted to run away” from his responsibility.

“The applicant (woman) is unemployed and unable to fulfill her basic household needs. Respondent (man) is under moral and legal obligation to maintain her and can’t be permitted to run away from his responsibility… “The complainant is under constant tension and is finding difficult to live and maintain herself,” Metropolitan Magistrate Shivani Chauhan said.

The court, however, rejected her plea seeking protection from her estranged husband, noting that she was residing separately from him, hence, “The apprehension of commission of domestic violence by respondent has ceased to exist… no order of protection is warranted in the given circumstances.”

The woman had lodged the domestic violence case against her husband and sought monthly maintenance of Rs. 30,000 from him.

The court noted that the man was a juice vendor who claimed to be earning Rs. 10,000 per month and in the absence of any income proof, his income was assessed to be around Rs. 8,000 per month.

The court awarded a monthly maintenance amount of Rs. 3,200 towards the woman and Rs. 1,600 towards her minor daughter.

While deciding the plea of the woman in her favour, the court noted that the man did not put across his version.

“Thus, the testimony of complainant remains unchallenged, undisputed and un-controverted. There is no reason on record to doubt her veracity and credential. Applicant/complainant, thus, has suffered Domestic Violence on the part / instance/ deliberation of the respondent,” it said.