New Delhi:
A former MLA of Manipur was today directed by a Delhi Court to pay a monthly maintenance of Rs 90,000 per month to his wife, who has alleged she was a victim of domestic violence, to support their three children.
The court's order came on a petition filed by the man against a magisterial court's order asking him to pay Rs 1.5 lakh as monthly interim maintenance to his wife and children.
Special Judge Anju Bajaj Chandna reduced the maintenance amount to Rs 90,000 per month observing that the amount given as maintenance by the magistrate was on a "higher side".
"The trial court granted maintenance on the higher side without any justification and it has been even more than the demanded amount in the prayer clause.
"In view of above discussion, I conclude that respondent husband has the means and finances to maintain his children properly but the reasonable requirements of the children in the opinion of this court, are Rs 30,000 per child per month," the judge said.
The court said the magisterial court has failed to consider the documents and pleadings in a proper perspective and take note of important facts involved in the case.
It said the man "belongs to an influential political family of Manipur and he has been having business to his credit whereby he was earning handsomely till the year 2011.
"It cannot be ruled out that due to matrimonial dispute, the respondent husband has shown his reduced income, in order to escape the obligations and liability of family," it said.
The court said that even the wife has the "capability to maintain her children and she is also under obligation to contribute to their expenses".
There was no "reasonable" basis of granting maintenance by the trial court and his wife was "sufficiently" employed and having means to maintain the children, it added.
The woman had approached the magisterial court saying she was living with her husband in Manipur before shifting to Delhi in April 2010.
In her complaint, the woman had said her husband "refused, neglected and ignored" to maintain their minor children and she was "solely" taking care of them without any financial support from him.
She had also said she had no source of income and no assets in her name, whereas her husband was a man of "means and belongs to an influential family".
The husband, however, refuted the allegations of domestic violence as well of his financial status, saying he has been MLA but lost the 2012 election and was presently getting pension at the rate of Rs 27,000 per month which was revised at the rate of Rs 44,000 per month.