The court asked the old man to pay maintenance amount to the woman after noting that he was living separately from his wife, son and daughter-in-law in the same house and was only paying his share of household expenses.
The sessions court`s order came on an appeal filed by the man who sought modification of the trial court`s order, asking him to pay Rs 4,500 per month to the woman, on the ground that his monthly income was not more than Rs 10,000 out of which he was also bearing his grand daughter`s educational and other expenses.
"The grant of maintenance at Rs 4000 per month would be just and fair. Accordingly, the appeal is accepted partly and the judgement (of trial court) dated September 30, 2011 is modified in above terms with directions to appellant to pay Rs 4000 per month to the respondent (woman) from the date of order of trial court till she is legally entitled to receive the same," Additional Sessions Judge (ASJ) Savita Rao said.
The man, a resident of Shakti Nagar, had approached the sessions court submitting that he was a senior citizen and was suffering from several aliments. He claimed he never neglected or refused to maintain his wife. The court noted that the magistrate had assessed the man`s income to be around Rs 15,000 to Rs 20,000 per month.
Modifying the alimony amount from Rs 4,500 to Rs 4,000, the ASJ said, "It is admitted fact on record that the parties (man and woman) are residing in the same house. The woman is staying along with her son and daughter-in-law whereas the man is staying separately though in the same house."