Ruling that the value of the assets of a man cannot be taken into account while calculating the quantum of maintenance for his estranged wife under the Domestic violence Act, the Delhi High Court has fixed the monthly alimony of a woman at half of her husband's salary.
A Metropolitan Magistrate had given the woman, Priyanka Khanna, a monthly alimony of Rs. 15,000 which was 50 per cent of the gross salary of her husband. The woman was given Rs. 10,000 under the head of alimony and Rs. 5,000 for house rent.
She had sought alimony as well as a flat from her husband to live in.
However, the woman was dissatisfied with the MM's order. She moved a court of the Additional Sessions challenging it.
The Additional Sessions Judge after hearing both the parties raised the alimony to Rs.45,000 per month on the basis of monthly income as well as the assets of the husband of the woman.
The husband moved the High Court challenging the Sessions court's order.
Allowing his petition, Justice Dhingra reduced the maintenance amount of the woman from Rs. 45,000 to Rs. 20,000 accepting Rs.41,000 as the monthly gross salary of the husband.
While allowing the petition of the husband, Justice Dhingra observed that it was wrong to calculate the quantum of maintenance on the basis of income as well assets of a man as this logic could also be used while calculating alimony for an estranged woman which would go against her.
He further observed that the husband was not the sole owner of the assets of his family. His parents and brothers also have right in it, he added.
