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Failed unions ruin working women too, says court

Additional sessions judge Ajay Kumar Kuhar said women should not be dependent on men for survival and courts should be slow in awarding maintenance just because a woman demanded it

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Working women are devastated when their marriage crumbles and they require considerable time to garner strength, a Delhi court has said, while enhancing the maintenance for a woman who had alleged that she was getting a meager amount whereas her husband was living luxuriously.

Additional sessions judge Ajay Kumar Kuhar said women should not be dependent on men for survival and courts should be slow in awarding maintenance just because a woman demanded it. Women need strength to overcome marriage woes, he said.

"There is no doubt that when there are talks of gender equality, it is expected that a woman should not be dependent on a man for her survival, particularly when she has capacity to make her own living. Courts should be slow in awarding maintenance on the mere asking for it by the wife and must consider the capability and capacity of the claimant to earn her livelihood.

At the same time, one has to consider the fact that many a times, even a working woman is so devastated when her marriage crumbles that it takes considerable time for her to gather the strength to beat the reality," the court stated.

Ekta Puri, who had studied filmmaking and was yet to start her career, had filed an appeal against an order passed by a Metropolitan Magistrate, whereby she was entitled to Rs 1 lakh for a year and another Rs 70,000 for accommodation after separation from her husband Vikramjit Singh Puri.

Her counsel contended that her husband concealed his income and did not show records of movable and immovable assets in the court. It was also submitted that he was spending over Rs 70,000 on his entertainment and other expenses but was not ready to pay proper maintenance to his wife.

The court, while deciding the case in favour of the woman, said the qualification that Ekta possesses can be utilised only in the film industry, which offers a very uncertain career and work on the principle of out of sight, out of mind. To regain her foothold in the film industry will not be an easy task for her, considering the mental state she must have been in after the broken marriage.

The court further held that Vikramjit was maintaining high standards of living and had concealed his income documents. "Therefore, without going into the matter as it is only at the initial stage and a prima facie view of the facts is to be considered, I would say that the husband is maintaining a high standard of living, which a person cannot achieve and maintain with only Rs 1 lakh per month. Needless to adhere that the appellant being his wife is entitled to live the same lifestyle," the court said in its order.

The judge directed Vikramjit to pay Rs 2 lakh per month to Ekta and to pay Rs 70,000 for alternate accommodation.

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