The Mumbai Sessions court has ordered a 62-year-old businessman to pay maintenance to his 61-year-old wife who he allegedly deserted for his secretary. The Sessions court said that considering the income of the husband and the huge cost of daily needs, the maintenance granted by the lower court seemed to be somewhat less, and therefore increased it.
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The woman got married to the businessman on February 26, 1978, as per Hindu rites and custom, and had two sons. However, the woman alleged that her husband used to mistreat her as he was in a relationship with his personal secretary and then he finally deserted her and their children on September 3, 2020, and started living with the secretary.
The woman alleged that the husband did not provide her with any financial backing even though he had a huge business and a good financial position.
She feared that her husband might drive her out of the house where she resided. Without any source of income, she was unable to maintain herself and had thus prayed for monthly maintenance of Rs 75,000 to Rs 1,00,000.
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The husband, on the other hand, denied any allegations of being in a relationship with the secretary and, in fact, alleged that his wife and sons had driven him out of the house.
The magistrate’s court had directed the husband to pay Rs 20,000 per month to his wife while also asking him not to force the woman out of the house.
Sessions Judge Madhuri Deshpande observed that in spite of the husband being told to furnish an affidavit of his income and liabilities, he had failed to do so.
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The judge noted that the husband was staying in a rented house and the court wondered if the wife and sons had driven him out of their house or whether he himself went to reside with the secretary. The court, however, said that this could be decided after adducing evidence by both the parties and will be decided after recording of evidence on merit.
The court further noted that the wife was residing separately and had no source of income, while on the other hand, the husband had good financial condition and earned crores of rupees from his various businesses.
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Judge Deshpande said that with a good financial position, the husband had sufficient means to provide maintenance to the wife. “At this prima-facie stage, it appears that the wife is a senior citizen, aged about 61 years. She requires nutritious food, medical aid and other necessary expenses. She is unable to support herself. Moreover, the husband in his reply specifically admitted that he has a huge business and is earning a huge amount from the same.”
The Sessions court increased the woman’s maintenance to Rs 30,000 per month.
