A Delhi court has reduced an interim relief amount of Rs. 25,000 to Rs. 11,500 to a woman in a domestic violence case, observing that the trial court had guessworked her husband’s income.
The woman’s husband had come in an appeal against a Metropolitan Magistrate court which had granted Rs. 25,000 to the woman on her complaint.
“In the present case the appellant/husband has filed on record an affidavit admitting his monthly income of Rs. 23,000 per month which is corroborated with the income tax return for the relevant year filed by him. However, the trial court was pleased to enter into guess work considering some entries in the bank statement of the appellant/husband,” Additional Sessions Judge Devender Kumar Jangala said.
“The respondent/wife had not placed on record any other document to rebut this admitted income of the appellant/husband. There is no other material produced on record by the respondent/wife regarding any other income of the appellant/husband except the bald averment without any proof,” the Judge said.
The trial court had assumed Rs. 50,000 per month as the income of the husband and on that basis granted an interim relief of Rs. 25,000 to his estranged wife.
“The impugned order dated 01.08.2017 is accordingly modified and the appellantis directed to pay Rs. 11,500 per month to the respondentand minor children till they are legally entitled as interim maintenance towards foods, clothing…all inclusive from the date of impugned order till the final disposal of the case before the trial court,’’ the Judge added.
“The amount if any paid in this court or in any other proceeding by the appellant/husband as maintenance to the respondent/wife and minor children shall be liable to be adjusted,’’ the Judge further said.
The respondent had not placed on record any other document to rebut this admitted income of the appellant. There is no other material produced on record by the wife…
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