SURAT: Finding it ‘unbelievable’ that a contractual employee of Surat Municipal Corporation (SMC) earns less than minimum wages, the sessions court has ordered a 20-times hike in compensation to his estranged wife, increasing the amount from Rs 1,000 to Rs 20,000.
The court of additional sessions judge, Anil Malik, also ordered him to pay Rs 3,000 as maintenance for his wife, Rs 1,500 as house rent and increased the maintenance amount for her daughter from Rs 1,500 to Rs 2,000 a month.
Earlier, the trial court had ordered the one-time compensation of Rs 1,000 for the woman and Rs 1,500 as maintenance for the daughter. The woman had challenged this order in the sessions court, which delivered its verdict on December 19.
The woman, Femiksha Patel had lodged a complaint against her husband Siddharth in August last year, alleging domestic violence. The couple got divorced in 2010 after three years of marriage.
The trial court had held that she was earning around Rs. 12,000 per month which was more than her husband’s salary which was between Rs. 6,000 to Rs.7,000 and therefore, she was not entitled for any maintenance from him.
However, the sessions court said that the trial court had erred in noting his salary. Records show that her husband is working with SMC and earns Rs 20,000 a month. She has lived with her husband and would have knowledge regarding his, though she may not have any documentary proof, the court noted.
“It’s unbelievable that wife working in a private firm as a daily wager is earning Rs 12,000 as minimum wages, whereas her husband working in SMC, a semi-government organization, is earning Rs 4,500 per month as claimed by him in his affidavit which is less than minimum wages. “He must not get less than minimum wages as SMC is governed under statute,” the court stated while observing that he has a more secured job than his wife, who is dependent on the mercy of her employer.
Femiksha has been working as a sweeper with a private firm since May 1, 2018.
The court also noted that Siddharth’s father used to work in Dubai and his mother had received Rs. 90 lakh from the sale of a property belonging to her.
“Therefore it is concluded that her husband has no other financial responsibility except his wife and daughter,” the court said in its judgment. Noting that she is entitled to as much amount to maintain her standard of living which she was accustomed to while living with her husband, the court stated: “By keeping in view the income of the husband as Rs. 20,000 per month, his wife is entitled to be paid Rs. 3,000 per month by her husband as maintenance.”