Can’t be parasite on husband’s earnings: Delhi Court denies enhancing maintenance
March 27, 2017A Delhi court has refused to enhance the monthly interim maintenance awarded to a woman in a domestic violence case, saying she was not supposed to sit idle at home and be a parasite on the husband’s earnings.
Additional sessions judge declined the appeal of the woman seeking enhancement of Rs 5,500 awarded to her as monthly interim maintenance to Rs 25,000 while noting that she was more qualified than her estranged husband.
“The appellant herself is a well-educated lady having a post-graduation degree: MA, B.Ed. and LLB, and is reported to be more qualified than the respondent (husband). She can earn herself. She is not supposed to sit idle at home and be a parasite on the earnings of the respondent,” the judge said.
A magisterial court had in 2008 awarded Rs 5,000 per month to the woman. In 2015, the amount was upgraded by 10%.
The woman had appealed against the orders seeking further enhancement to Rs 25,000.
The sessions court, while upholding the 2015 magisterial court’s decision, said it observed practical realities prevailing in the society.
It also added that the magistrate, while taking note of the cost of living in 2008 and in 2012, was pleased to enhance the maintenance at a reasonable rate.
“The metropolitan magistrate has rightly observed that inflation rate varies between six and 11% in India as per government statics. Therefore, the enhancement of maintenance at 10% (of Rs 5,000) is fully justified,” the sessions judge observed.
It also noted that the woman had failed to reason out why she needed the enhanced amount and had failed to prove rise in her expenditure as well as her estranged husband’s income.
Additional sessions judge declined the appeal of the woman seeking enhancement of Rs 5,500 awarded to her as monthly interim maintenance to Rs 25,000 while noting that she was more qualified than her estranged husband.
“The appellant herself is a well-educated lady having a post-graduation degree: MA, B.Ed. and LLB, and is reported to be more qualified than the respondent (husband). She can earn herself. She is not supposed to sit idle at home and be a parasite on the earnings of the respondent,” the judge said.
A magisterial court had in 2008 awarded Rs 5,000 per month to the woman. In 2015, the amount was upgraded by 10%.
The woman had appealed against the orders seeking further enhancement to Rs 25,000.
The sessions court, while upholding the 2015 magisterial court’s decision, said it observed practical realities prevailing in the society.
It also added that the magistrate, while taking note of the cost of living in 2008 and in 2012, was pleased to enhance the maintenance at a reasonable rate.
“The metropolitan magistrate has rightly observed that inflation rate varies between six and 11% in India as per government statics. Therefore, the enhancement of maintenance at 10% (of Rs 5,000) is fully justified,” the sessions judge observed.
It also noted that the woman had failed to reason out why she needed the enhanced amount and had failed to prove rise in her expenditure as well as her estranged husband’s income.
OUR TAKE
Maintenance provided by the husband to his wife must be computed on reasonable grounds. It should not be used as a source of taking advantage of the other party. All the facts and circumstances of the case must be taken into consideration, before calculating the amount. Earning capacity of both the husband and the wife needs to be taken into account. It must be examined that maintenance is not used as a means of exploitation.
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