Court denies alimony as woman fails to prove she was neglected

Additional Sessions Judge (ASJ) Pawan Kumar Jain dismissed the woman's appeal against the order of a trial court, which too had denied her the alimony.

The ASJ said there was no doubt that the husband has "sufficient means" but the woman, who had married him three decades ago, cannot be granted maintenance unless she proves that he had refused to maintain her.

"No doubt from the deposition of respondent (man), it is clear that he has sufficient means as he is getting pension to the tune of Rs 17,000 per month besides getting some interest on his savings/deposits.

"But this is not sufficient to grant maintenance unless revisionist (woman) proves that the man had either neglected her in any manner or refused to maintain her, which she failed to prove," the court said.

The woman, a resident of East Delhi in plea had said she had married the man in February 1971 and they have four daughters.

The woman alleged that for the last many days, the man had turned her out of his house and was neglecting her. She said her husband was earlier giving her Rs 10,000 per month as maintenance but for the past three months, he has stopped giving her the money.

Saying she does not have any source of income, the woman also claimed that she was suffering from various ailments

... contd.