Sessions court sets aside magistrate's order granting maintenance to wife

Sessions court sets aside magistrate's order granting maintenance to wife

A sessions court here has set aside a magisterial court order directing a husband to pay a monthly maintenance of Rs 15,000 to his wife, holding that the woman had not disclosed her true income.

Additional Sessions Judge Aanchal was hearing two appeals filed by the couple. While the husband assailed the court's order of April 2023, the wife sought raising the maintenance to Rs 1.25 lakh.

The magisterial court had passed the order on the wife's petition filed under the Protection of Women from Domestic Violence Act.

Noting the evidence before it, the court said the wife, who had an MBA degree, concealed the fact that she was having sufficient income to meet expenses and maintain herself.

''So, once it has come on record that the wife had been concealing her source of income, the court can neither draw (the inference) that the wife who is otherwise working and earning is unable to maintain herself nor can draw that she is living in a status lower than what she had been used to at her matrimonial home,'' the court said.

So, the husband cannot be directed to give her maintenance, enabling her to maintain a particular standard of living, it added in an order passed on April 5.

''Therefore, this court is of the view that the wife is not entitled to maintenance for omission in disclosure of true particulars on her part and an income earned by her,'' the judge said.

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