The district magistrate has asked a South Mumbai businessman to pay Rs 1 lakh as monthly maintenance to his estranged wife and two teenage children after she accused him and his family of domestic violence. The husband owns a shop near Churchgate and resides opposite KC college. The couple had earlier tied the knot in 2002.
The 38-year-old homemaker claimed that her husband had an extramarital affair and his family was supporting him and mentally and physically harassing her. The man had left their home where they lived in a joint setup, but she along with the children was residing in the same house. She complained in her application seeking interim maintenance and restraining of domestic violence on her, filed through advocate Nilesh Gala. She alleged that her in-laws were trying every trick to oust her from the residence.
She told the court that she and her children, aged 17 and 14, were living a miserable life as her husband wasn’t financially helping them. She claimed the monthly income of the family is over Rs. 20 lakh and sought Rs three lakh as monthly maintenance for her and her children. She said her in-laws owned commercial properties as well as bungalows and land in Gujarat apart from various financial investments.
Her husband’s family have membership in health clubs and unaccounted cash of Rs 20 crore, most being inherited in ancestral property. Her husband had denied the allegations of domestic violence and said that she had filed the application to harass him and his family. He said he does not have any property in his name. He further said that his father was helping him with a rent of Rs 20,000 to live separately, to save their marriage.
Additional chief metropolitan magistrate RM Nerlikar said in his order that prima facie it appears that there exists domestic violence at the hands of the respondents. The order said that it appears that the respondents are businessmen, the husband is doing business of electronics and has immovable property in his name. Magistrate Nerlikar further said that it appears the husband has not disclosed his real income to avoid paying maintenance. The court noted that a person engaged in it can earn only Rs 20,000 monthly. It drew an inference that he earns more than Rs two lakh monthly.
It also noted that he has joint properties in the family's name. It is established, it stated, that the husband has not provided any source of financial assistance to the applicant and hence she is entitled to maintenance.
Deciding on the maintenance amount, the magistrate considered that the children are taking education and that they need money for the purpose as well as for survival. Both children are entitled to receive Rs 25,000 each monthly till they attain the age of 18, the court said. It asked the husband to pay Rs 50,000 monthly to his wife as maintenance and restrained him and his family from any domestic violence on the woman.
