New Delhi: A Delhi court has refused to increase the monthly interim stipend awarded to a woman in a domestic violence case, saying she isn’t supposed to sit idle and lead a parasitic existence.
Additional Sessions Judge R K Tripathi declined the appeal of the woman seeking a Rs5,500 (Dh308) increase in the monthly stipend issued to her, to take the total to Rs25,000, while noting she is more qualified than her estranged husband.
“The appellant herself is a well-educated lady having post graduation degree i.e. MA, B. Ed and LLB and is reported to be more qualified than the respondent [husband]. She can earn herself. She is not supposed to sit idle at home and be a parasite on the earnings of the respondent,” the judge said.
A magisterial court had in 2008 awarded Rs5,000 per month to the woman. In 2015, the amount was enhanced by 10 per cent.
The woman had appealed against the orders seeking further enhancement to Rs25,000.
The sessions court, while upholding the 2015 magisterial court’s decision, said it took note of practical realities prevailing in the society.
It also said that the magistrate, while taking note of the cost of living in 2008 and in 2012, was pleased to enhance the stipend at a reasonable rate.
“The metropolitan magistrate has rightly observed that inflation rate varies between 6 and 11 per cent in India as per government statics. Therefore, the enhancement of maintenance at 10 per cent [of Rs5,000] is fully justified,” the sessions judge observed.
It also noted that the woman had failed to reason out why she wanted the amount increased and had failed to prove a rise in her expenditure as well as her estranged husband’s income.
