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Woman seeks alimony, told to pay hubby instead

delhi Updated: Jan 29, 2009 14:15 IST
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A woman seeking maintenance in a matrimonial case has been ordered by a city court to pay expenses to her estranged and ailing husband.

Additional District Judge Umed Singh Grewal said: “From the documents submitted, it is clear that the petitioner is a lady of means and

earns handsomely. So her application under section 24 (demanding maintenance from husband) of

the Hindu Marriage Act is dismissed.”

Sarita (name changed), a Najafgarh resident, had moved the court in January 2008 for divorcing her husband Mohan (name changed).

She claimed that she was a victim of her husband's cruelty and had no property in her name and no source of income.

“Despite being a housewife, I have to maintain four school-going children. My husband earns good money by running a shop in a weekly Bazar in Najafgarh,” the woman submitted in the court.

On the contrary, the court of the additional district judge allowed the plea of the estranged husband, that in fact, he was entitled for maintenance, as he was ill and unable to sustain himself.

Mohan submitted before the court that Madhu had rented out the ground floor of her house and earned Rs 10,000 a month.

“She also runs a nursery school in the same locality and earns Rs 15,000 per month from it. She is also an income tax payee and had maintained two mobile phones,” said Mohan.

The court held that Sarita failed to substantiate her claims. The court also noted that Mohan had countered the claims with documentary evidence and placed on record Income Tax returns of his wife, and proved she was earning well.

The judge said, “It is clear from tax returns for the year 2006-07 that the woman earns Rs 9,000 per month. The husband has placed on record the photograph of 'Puja Kids Care' nursery school run by her wife.”

The court directed the wife to pay Rs 500 per month as maintenance to the husband from the date of filing the application.

The court also added that the woman should pay Rs 3,500 to her husband as litigation expense so that he may engage an advocate.