Court dismissed alimony order, says wife didn't ask for it

Hearing an appeal filed by a husband against an order passed by the Kurla magistrate court directing him to pay a monthly amount of Rs 10,000 towards his estranged wife's rent, the Sessions Court held that the relief granted to the estranged wife by the trial court appeared to have been granted without a prayer for the same from her.

The court was hearing an application filed by Mayank Goswami, 32. The Sessions Court has asked the estranged wife Darshika, 32, to attend the court for clarifications the court might need. Meanwhile the court has stayed the trial court's order directing payment of Rs 10,000 per month by the husband.

A domestic violence case was registered by Darshika against Mayank in 2016, alleging that she was assaulted at her matrimonial house.

"The respondent? in her actual complaint, had pleaded the trial court to direct Mayank to remove himself from the shared household, restraining him from encumbering the shared household, restraining him from creating third party interest in it and creating any obstruction from ingress and egress encumbering,"? Darshika'? s plea before the trial court had said.

She? had also prayed for compensation of Rs 20 lakh towards stridhan and compensation of Rs 50 lakh for acts of physical, economical and mental harassment.

"The woman had not prayed any monetary relief of Rs 10,000 monthly, towards rent of separate residential accommodation, inspite of which the trial court has granted relief,"Mayank in his application for stay said.