It’s Man’s moral and legal obligation to maintain Wife & Child: Court

A Delhi Court has said that an estranged wife is entitled to the same level of comfort & standard of living as she was accustomed to in her matrimonial home.

The Court was hearing a plea filed by a man against an order, which had directed him to pay Rs 35,000 as monthly interim maintenance to his wife & minor son. The woman had earlier claimed that her husband & his family members had subjected her to physical & mental cruelty for bringing insufficient dowry.

“The petitioner (husband) has moral & legal obligation to maintain the respondent (wife) & the minor child. The respondent & the child are entitled to standard of comfort & life as that of the petitioner,” Additional Sessions Judge Sanjay Sharma said in an order on Feb 15.

The Court said viewed from the angle of standard of living of the man, his monthly income or reasonable requirement of his wife & minor child, interim maintenance of Rs 35,000 per month for them appeared to be just & reasonable. “This court does not find any jurisdictional error, legal infirmity or material irregularity or any apparent error of law or procedure in the impugned order,” it further noted.

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