Doctor asked to pay Rs 60,000 per month to two daughters

Doctor asked to pay Rs 60,000 per month to two daughters

A Punjab-based doctor has been directed by a Delhi court to pay Rs 60,000 as maintenance per month to his two daughters, who are living with his estranged wife here.

The court, however, dismissed the plea of his wife, who is also a dentist, seeking alimony from her husband on the ground that she has concealed material facts and is not entitled for any relief at this stage.

Metropolitan Magistrate Vandana Jain asked the doctor to pay Rs 30,000 maintenance per month to each of his two daughters, aged six years and 11 years respectively, while dismissing his plea that he was not liable to maintain them as they refused to stay with him.

"As far as the children are concerned, it is a settled proposition of law that the children are entitled to get maintenance from both the parents. The plea of the counsel for the respondent (man) that since the children have denied to remain in his custody, he is not entitled to maintain them, cannot be entertained and this is a misconception.

"The respondent being the father is liable to maintain both the daughters. As far as the complainant (woman) is concerned, she is maintaining them. She is taking care of them alone as they are in her custody," the court said.

The man and the woman had met each other during their college days, fell in love and got married in 2000.

The woman, who along with their daughters is living in Delhi, had moved the court seeking maintenance for them from her estranged husband on the ground that he used to harass and treat her cruelly due to which she left his company.

She alleged that he was earning three-four lakhs per month while he had not allowed her to continue her medical practice after marriage.

She had alleged that the man was has his own dispensary and was working as a professor in a medical college in Punjab and was earning money from other movable and immovable assets.

The man, however, claimed that he was earning only Rs 50,000 per month and refuted the allegation that he stopped his wife from continuing her profession after marriage.

The man said there was a settlement between them in which it was decided that they will part their ways and bear their own expenses but the woman had not informed the court about the whole facts.

The man said the woman did not inform the court that she had filed a civil case against him in another court in Ludhiana and had also violated the terms of settlement.

Since she has not come to the court with clean hands, she is not entitled to get any maintenance and as regards the children, the woman is well off to maintain them, he had said.

While denying any relief to the woman, the court said she had stated in her complaint that she was not allowed by her husband to practice but as per the documents, it was clear that she was running a dental clinic and practising there.

"It is clear that she has not come to the court with clean hands. At this stage, she cannot be given any benefit of maintenance since she has concealed the material facts from the court for the reasons best known to her.

"It is a settled proposition of law that no person is entitled to any relief if one has not come to the court with clean hands. Hence, maintenance with regard to the woman is dismissed," the court said.

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