Man to give Rs 45K per month alimony to estranged wife, son

A businessman has been ordered by a Delhi court to pay an interim alimony of Rs 45,000 per month to his estranged wife and minor son.

Additional Sessions Judge Vinay Kumar Khanna asked the husband, running a business of handicraft and accessories here, to give maintenance to his wife, saying "a wife or children cannot be forced to face starvation".

"It is the social and legal obligation of the husband to make arrangement for the maintenance of the wife and children who are not able to maintain themselves with their own source of income. A wife or the children cannot be forced to face starvation....

"Maintenance is given so that the lady can live in the manner, more or less, to which she was accustomed. The concept of maintenance must, include provision for food and clothing and the like and take into account the basic need of a roof over the head," the judge said.

The court gave its order on the petition filed by the woman, who came in appeal against a magisterial court decision in November 2012 which has dismissed her request for maintenance. The woman, who got married in November 2003 and has a minor son, has moved the court after her husband and in-laws deserted her and even stopped paying  monthly alimony to them since May 2012.

In her complaint, the woman alleged, "She was subjected to emotional abuse and was physically assaulted by her husband and in-laws". She further stated that she use to live separately along with her minor son on the first floor of her matrimonial house.


The woman had sought maintenance, saying she is at the mercy of her parents and friends and has no other independent source of income to maintain herself and also to meet the expenses of her child. The counsel for appellant said that to meet the expenses, she needs at least Rs one lakh per month.

"In the circumstances noticed above, the income and the expenses of the parties are required to be assessed in detail by the trial court after examining the parties, and giving them an opportunity to adduce evidence in this regard.

"Since, delay in granting interim monetary relief to the appellant, shall defeat the objectives for which interim relief are envisaged...therefore, keeping in view the totality of aforesaid facts and circumstances obtaining on record, it is ordered that, in the meantime, husband shall pay Rs 45,000 per month to the appellant with effect from December 1, 2013 towards maintenance of appellant and child," the judge said.