A Delhi court has refused to entertain a man’s plea to stop interim compensation to his estranged wife. The husband alleged that the woman has been living in adultery.
A Metropolitan Magistrate (MM) court had granted an interim relief of ₹6,500 per month to the woman on her complaint under the Domestic Violence Act.
Domestic violence
In her complaint, the woman alleged that since the day of their marriage her husband had been taunting her for bringing along less dowry. She also accused her husband and in-laws of domestic violence.
The couple had got married in 1996. They have three children together.
Challenging the MM court’s order, in an appeal in a Sessions court, the woman’s husband submitted that his wife was living in adultery. Hence, she is not entitled for interim maintenance, he said.
The husband also said he was ready to deposit the interim maintenance with the court provided it would be released to his wife after adjudicating her alleged adulterous relationship.
Countering his allegation, the counsel for the woman said that the accusation was false and fabricated.
It had been levelled only to avoid interim maintenance, her counsel further submitted.
Dismissing his appeal, Additional Sessions Judge Jagdish Kumar said: “The argument as tendered by the counsel for the appellant is not sustainable at this stage because interim maintenance is granted to an aggrieved person under the Protection of Women from Domestic Violence Act, 2005, to support her to live in a dignified manner, at least in the same dignified manner in which the appellant is living. The fact as alleged by the appellant that his wife is living in adultery is a disputed fact and matter of trial as well as law.”
“In view of the discussion above, I found no illegality or infirmity in the impugned order of the trial court. The appeal is devoid of merit. The appeal is dismissed accordingly,” the Judge further said.