Court sets aside order on `15k maintenance
A sessions court here has set aside a magistrate’s order awarding `15,000 per month maintenance to a woman, saying that it was devoid of reasons and asked the trial court to consider it afresh.
“Needs and requirements of both sides as well as their income and expenses have not been mentioned in the impugned order. In my opinion, fixing of maintenance at the rate of `15,000 without detailing reasons would not stand judicial scrutiny,” additional sessions judge Anju Bajaj Chandna said.
The order came on an appeal by Mohd Irfan Qureshi against the September 2011 order asking him to give `15,000 maintenance to his estranged wife Deba Farah.
Irfan contended that the trial’s court order was not supported by reasons and even the issue of jurisdiction was not considered. He argued that no prima facie case of domestic violence was made out and even the basis of fixing maintenance amount at `15,000 was not given in the order. “I set aside the impugned order with the directions to the trial court to decide interim application afresh after giving due opportunity to both the sides for advancing arguments and to file reply, if they wish to do so,” the ASJ said.
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