Delhi

Court pulls up Metropolitan Magistrate for fixing maintenance arbitrarily

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Judge directs trial court to pass a fresh order

A Sessions court here has directed a Metropolitan Magistrate to pass a fresh order on grant of interim maintenance to a woman in a domestic violence case, saying that it was fixed on the desire of the husband.

The Magistrate court had asked the husband to pay ₹2,500 maintenance per month to his estranged wife.

The wife had challenged the order in the Sessions court, submitting that it was a meagre amount keeping in view the handsome earnings of his husband.

The Magistrate had fixed the amount after her husband said that he was willing to offer the said money to her, the woman submitted.

“Without considering the other facts and circumstances, the trial court passed the impugned order merely on the willingness of the respondent/husband when he agreed to pay ₹2,500 per month. It seems that the court passed the said order in haste without considering entire circumstances of the case and also standard of the parties,” Additional Sessions Judge Satinder Kumar Gautan said in the order.

“The contention of the appellant that the amount awarded is meagre has full force in view of sky rocketing prices,” the Judge stated.

“The court is of the view that the impugned order suffers from illegality and perversity and also not on merit, as such, present case is disposed of with directions to the trial court to pass a fresh order on the application,” the Judge ordered.

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Printable version | Jan 27, 2020 9:31:44 PM | https://www.thehindu.com/news/cities/Delhi/court-pulls-up-metropolitan-magistrate-for-fixing-maintenance-arbitrarily/article30547507.ece

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