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NRI man to pay Rs 50,000 monthly alimony and Rs 5 lakh damages to wife

 28 July 2014
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An NRI man has been directed by a Delhi court to pay Rs 50,000 per month as maintenance to his wife along with a compensation of Rs five lakh for causing her "mental trauma, economic and physical harassment".

Metropolitan magistrate Richa Parihar said it was the liability of the man, who is working in Dubai, to maintain his wife who is unemployed and has suffered loss of job and income due to domestic violence caused by him.

"Considering the facts and circumstances of the case and the standard of living of the petitioner and respondent, a monthly maintenance of sum of Rs 50,000 is directed to be paid by the respondent (husband) to petitioner (wife) to cover the day-to-day expenses as well as the rental and other expenses," the court said.

It also said that the woman, a resident of Mayur Vihar here, was subjected to all forms of domestic violence at the hands of her husband for a continuous period of nearly three years.

Behaviour of the man had resulted in severe mental trauma to the woman and her parental family and has also resulted in loss of earning of her.

"In view of the same, the man is further directed to make payment of compensation/damages of Rs five lakh to the woman for mental, economic and physical harassment suffered by her. He is is restrained from renouncing his rights in the shared household property, if any, without the permission of the court," the magistrate said.

The woman approached the court seeking maintenance from the man, whom she had married in May 2011 in Delhi. After their marriage, the man went back to Dubai for job and she had accompanied him.

There, she came to know that he was yet to complete his MBA and he forced her to take up a job and brutally tortured her, she said, adding that he used to take away her salary and when she fell ill, he sent her to India for treatment.

The woman said that when she went back to Dubai, she was again harassed and tortured by the man and she had to quit her job due to mental and physical trauma.

In February 2013, the man deserted his wife in Dubai and after two months told her that he was giving her divorce, she said. The man had filed a divorce case in Dubai while the woman moved a Delhi court for divorce proceedings.

The woman said she did not have any alternate accommodation in Dubai and came back to her parents' house in Delhi due to financial constraints.

The court said that despite opportunity, the man did not appear and was proceed ex-parte. It said there was no reason to disbelieve the woman's averments.

The woman gave an affidavit in the court which showed she was presently unemployed and the income of the man was nearly Rs 2.5 lakh per month.

The court said as the woman has initiated divorce proceedings against the man, her plea seeking directions to reside in her matrimonial houses in Dubai and Gurgaon has not been granted.

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