AHMEDABAD: A sessions court in Ahmedabad upheld an interim order by a metropolitan court directing a man to pay maintenance to his two adult sons, who are currently studying, and his wife under the provisions of the Protection of Women from Domestic Violence Act.
The woman had filed a complaint under the Domestic Violence Act in 2022 and sought maintenance from her husband for herself and her sons, contending that he left them without any reason. Arguing that the husband earned more than Rs 2 lakh every month and possessed three luxury vehicles, she demanded Rs 75,000 per month in maintenance.
The husband opposed this demand and submitted that he was already paying her Rs 25,000. She also had two huge plots worth Rs 3 crore in her name, besides an income of her own, while his take-home income was Rs 75,000. Moreover, their sons are adults, and they too could earn and look after their mother, he argued. The husband cited section 20(1)(d) of the Act, which allows maintenance for children, but not for an adult son because section 125 of CrPC puts a bar on it.
In Feb 2023, the metropolitan magistrate passed an interim order directing the man to pay Rs 28,000 per month as maintenance to his wife. Additionally, the court granted a monthly maintenance of Rs 7,000 to each of his sons, saying although both of them were adults, they were studying and their education expenses were being borne by the mother alone.
The husband challenged the order, asserting that the metropolitan court did not take into consideration the evidence that his wife was earning and his two sons were adults, before directing payment of maintenance.
However, additional sessions Judge M P Purohit said it was merely an interim order and the stage of evidence before the trial court was pending. Holding that there was no irregularity or impropriety in the impugned order, the ASJ said no interference was required at this stage, and rejected the appeal.
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