A Delhi court has refused to set aside an order directing a man to pay monthly interim maintenance to his 80-year-old mother in a domestic violence case, saying he was legally obliged to do so.
The court held that the amount of ₹3,500 to be paid every month to the old woman, who had filed a case under the Protection of Women from Domestic Violence (PWDV) Act against her son Vinod Gupta, was not excessive and dismissed the man’s appeal against the trial court order.
“The appellant (man) alleged that his monthly income was ₹9,000 per month. But in his affidavit of income, he stated his income as ₹15,000 per month. “From this, it is also clear that the appellant is not disclosing his correct monthly income. He is under legal obligation to maintain his mother,” said Special Judge Rajneesh Kumar Gupta.
‘Not excessive’
The court also said there was no evidence to show that his aged mother was able to maintain herself. Vinod, a resident of north-west Delhi, had said that he had to maintain his wife and three children, and that he was also paying ₹3,500 to his father as maintenance.
“I am of the opinion that the amount of interim maintenance awarded by the trial court is reasonable and cannot be said to be excessive. Accordingly, I do not find any infirmity or illegality in the impugned order and it is upheld. The appeal is without any merit and it is dismissed,” the judge said.
