Court says refusing to pay for jobless estranged wife an abuse
NEW DELHI: Refusal to maintain an estranged wife who has no source of income amounts to economic abuse, a Delhi court said recently.
The court set aside a trial court order dismissing the plea of a woman seeking maintenance from her estranged husband.
“The admitted facts are sufficient to show that appellant (wife) had no source to maintain herself, though the respondent (husband) was having sufficient means to live a comfortable life. He, therefore, cannot refuse to maintain his wife,” the court observed, saying the arguments by the husband in court show he is unwilling to to pay maintenance to the wife.
It pointed out that the trial court overlooked the complete definition of domestic violence. Just because the wife did not separately cite evidence to prove her allegations, her allegations can’t be termed false, especially when the husband knew she had no source of income.
The court also held that there exist domestic relations between the man and the woman who had entered into wedlock 35 years ago, have three children out of the said marriage and were living in the same house though on different floors.
“The existence of domestic relationship is dependent upon subsistence of marriage between the parties and upon the fact that they had lived together in a shared household and at present, they are living in the same house, though on different floors. Therefore, I do find existence of domestic relationship between them,” it said.