Court rejects wife's application for Rs 50,000 maintenance under Domestic Violence Act
says, highly qualified and capable of finding a source of income
New Delhi, Apr 5: A court here rejected a wife's application for interim monetary relief under the Protection of Women from Domestic Violence Act, saying she was highly qualified and capable of finding a source of income and allowing her maintenance would promote idleness and dependency on the husband.
Metropolitan Magistrate Swayam Siddha Tripathy was hearing an application filed by the wife under the act seeking interim maintenance of Rs 50,000 per month.
"The complainant (wife) is highly qualified and capable of finding a source of income for herself and allowing maintenance will only promote idleness and dependency on the husband. Therefore, I am not inclined to grant any maintenance in view of her capacity to earn," the magistrate said.
Underlining that the wife's right to receive maintenance from the husband was not "absolute", the court said the wife had to show her inability to sustain, survive, and manage even the basic necessities, besides establishing that the husband was earning and having a better lifestyle, while the wife was left fending for herself.
"The complainant has to prove that either she is not earning or her income is not sufficient to maintain the same standard of living which was provided to her in the matrimonial house," the court said.
It noted that in the present case, though the wife was an MBA graduate, qualified at par with her husband, and able-bodied, she did not choose to seek a job.
The court also noted that the husband, a qualified doctor, was presently unemployed and said he was not living a luxurious life.
"Thus, both the complainant and her husband are capable of earning but are not employed. Therefore, this argument (of not having any income) cannot be used against one unemployed spouse for providing maintenance to the other unemployed spouse," the court said.
It said the wife was unable to show that she was provided with a better standard of living at the matrimonial house and her existing "family status" did not make it believable that if maintenance was not provided, she would be reduced to destitution or vagrancy.
Referring to a 2001 judgement of the Delhi High Court, the magistrate said that principles of equity must be applied in cases of maintenance.
"Equity means fairness and evenness and it cannot be applied solitarily upon the aggrieved wife. In absence of any dependent, either of the qualified spouses cannot be made responsible for the other's well-being considering that neither of them is on the verge of destitution," the magistrate said.
The court also said that the wife was from a "well-to-do family" and also received compensation from her first husband.
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Mumbai-Pune Expressway ‘missing link’ to open on May 1; will improve travel safety: Shinde
Mumbai (PTI): Maharashtra Deputy Chief Minister Eknath Shinde on Sunday said the long-awaited ‘missing link’ on the Mumbai-Pune Expressway, aimed at bypassing the winding Bhor Ghat section and improving safety, will be inaugurated on May 1.
Shinde, who inspected the project site, said the new stretch will make the expressway fully access-controlled, easing congestion in the hilly section.
Chief Minister Devendra Fadnavis is likely to inaugurate the 13.3-km-long missing link, which connects Khopoli on the Mumbai side to Kusgaon near Lonavala, on Maharashtra Day, which is celebrated on May 1, he said.
The deputy CM said that 99 per cent of the project work has been completed. “I personally inspected the quality of work and found it satisfactory. The remaining minor works will be completed in the next few days,” Shinde said.
Shinde said the new alignment will bypass sharp curves and accident-prone stretches in the ghat section, helping reduce delays and improve commuter safety. He claimed accidents in the section would reduce substantially once the project becomes operational.
“The missing link project will make travel between Mumbai and Pune quicker, safer and more convenient, and will contribute significantly to the state’s development,” he said.
The Rs 6,700-crore project, developed by the Maharashtra State Road Development Corporation (MSRDC), includes two tunnels, high viaducts and a cable-stayed bridge over Tiger Valley.
The missing link will reduce the travel distance between Mumbai and Pune by approximately 6 km and shorten the journey time by 20 to 30 minutes, said officials.
Initially, only light motor vehicles and buses will be permitted on the new stretch to reduce congestion on the existing ghat section, officials said, adding that heavy goods vehicles will be prohibited due to safety concerns.
“There will be no toll hike because of the missing link project. No increase has been proposed at the Khalapur toll plaza either,” Shinde said.
The project comprises two eight-lane tunnels of 1.75 km and 8.92 km in length and two viaducts measuring 850 metres and 650 metres, said officials. It has been designed to bypass the old Khandala ghat section, a winding route that has long slowed down traffic and posed safety risks, said officials.
The 650-metre viaduct will feature what officials described as India’s tallest road cable-stayed bridge, with pylons rising to 182 metres, taller than those on the Bandra-Worli Sea Link.
Officials claimed that the tunnels have a width of 23.75 metres and are among the widest road tunnels in the world. An MSRDC official said the tunnel is likely to be included in the Guinness Book of Records.
The route runs beneath the Lonavala lake area and was executed in difficult terrain marked by heavy rainfall and strong winds, officials said.
Shinde said projects such as the missing link would boost access to tourist destinations such as Lohagad Fort, Visapur Fort and Karla Caves.
MP Shrirang Barne, former corporator Abasaheb Bagul, MSRDC Managing Director Anilkumar Gaikwad and senior engineers from executing agencies were present during the inspection, officials said.
Krishnamurthy Subramanian, executive chairman of construction and engineering company Afcons International Private Limited, said the journey to completion of “India’s highest road cable-stayed bridge” was challenging.
“The bridge, located in the Sahyadri region, presented extreme challenges, including narrow ridges that left little room for heavy machinery, sudden wind speeds reaching up to 100 kmph, and dense fog reducing visibility to a few metres. Despite these conditions, we are proud to deliver this engineering marvel,” he said.
The expressway, spanning approximately 95 km, holds the distinction of being India's first access-controlled highway.
