Observing that the husband tried to conceal his income so that he would have to pay less maintenance to his wife and two children, a Delhi court has awarded an interim maintenance of ₹6,000 each to them per month in a domestic violence case.
Additional Sessions Judge Neera Bharihoke awarded the money to them on an appeal filed by the woman against a Metropolitan Magistrate court order which had granted no money to her and ₹3,000 each to the two children, saying that the woman was educated and had sufficient means to maintain herself.
Husband spending
The credit card statements of her husband showed that he was spending about ₹22,000 per month even after having resigned from his job, the judge said.
“Prima facie, a reasonable assumption of income of respondent [husband] can be drawn that he is earning around ₹30,000 per month. He is trying to shield his income to deprive the appellant and her two daughters to live a comfortable life as enjoyed by the respondent himself,” the judge said, while granting monetary relief to the woman and enhancing compensation to the two children.
Differs with trial court
“I differ from the opinion of the trial court that the complainant has sufficient means to maintain herself. On perusal of documents placed by the appellant [woman] and respondent [husband], it is noticed that be it the income affidavit or the bank statements of respondent, none of the documents reflects that she has sufficient means to maintain herself,” the judge said.
‘Insufficient amount’
In her appeal before the Sessions court, the woman had submitted that the amount awarded to her daughters was meagre and insufficient to maintain them.
Domestic violence case
Her husband countered her submission saying that he was not earning enough to support her monetarily as his wife was highly qualified and capable of maintaining herself and the children.
The woman had lodged a domestic violence case against her husband in 2016.
