Mumbai: Court fines husband who appealed against Rs. 6,000 maintenance to wife in DV case

A sessions court last week ordered a 35-year-old to pay Rs. 3,000 as cost to his wife for appealing against a lower court order of October 2019 that had asked him to pay a total of Rs. 6,000 monthly to his wife as interim maintenance and rent in a domestic violence case.

Additional Sessions Judge AH Laddhad said in his reasoned order that he agrees with the magistrate’s observation that allegations on the wife’s character itself amount to domestic violence. The court noted that the husband had claimed before the magistrate too that his wife was having an extramarital affair.

It observed that the wife had claimed Rs. 16,000 as interim maintenance and Rs. 6,000 as rent before the magistrate in her application and the magistrate had ordered a total amount of Rs. 6,000 under the two heads. The wife had not appealed against his order. The court said the appeal needs to be dismissed with costs of Rs. 3,000 to be paid by him to his wife.

The couple had married in 2008 and has two children. Laxman Pujari, a painter, had claimed in his appeal against the interim maintenance order, that his wife had left him and their children of her own will and that he had the responsibility of the children as well as his parents and no permanent work. She had done so to grab his money and malign his name, the Chembur resident said. He called the maintenance amount ordered “exorbitant” and stated that his wife had an extramarital affair with someone who would visit home in his absence. Further, he contended that she worked at a beauty parlour and earned more than him.

The woman had been residing at her parent’s home since 2018 as she complained Pujari would mentally and physically torture her on suspicion of having an affair. She had also approached the police once when he had not allowed her to meet her children and verbally abused her when she went to see them.

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