Court reduces maintenance in domestic violence case


Petitioner had demanded less than what was ordered by court

A Delhi court has reduced the maintenance granted to two children of a woman doctor in a domestic violence case, saying that the petitioner (woman) had demanded less than what was ordered by the subordinate court.

A Metropolitan Magistrate court had granted a maintenance of ₹20,000 each to the two children, while the doctor’s plea was for a consolidated relief of ₹30,000 for them.

Additional Sessions Judge Manjusha Wadhwa reduced it to ₹15,000 each to the two children on an appeal by the husband of the petitioner, who is also a doctor.

“The trial court ought to have awarded ₹30,000 per month towards the maintenance of children as claimed by the complainant. The award of ₹40,000 per month instead of ₹30,000 per month is uncalled for,” the judge said.

However, the court allowed a plea by the woman doctor in her appeal that the the maintenance should be granted from the date of the filing of the petition. The Magistrate had ordered its implementation from the date on which the order was passed.

“The interim maintenance is reduced from ₹40,000 to ₹30,000 per month for the children and the said maintenance amount shall be payable from the date of filing of the petition i.e. November 7, 2016. Impugned order dated March 19, 2018 is modified accordingly. Both the appeals are hereby disposed of in aforesaid terms,” the judge ordered.

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Printable version | Dec 15, 2019 1:37:40 PM |

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