SUPREME COURT OF INDIA
SHIVANI CHATTOPADHYAYA
Vs.
Siddarth Chattopadhyaya
Decided on July 28, 2000
Interim Maintenance - Family Law - The court granted leave and fixed a provisional amount as interim maintenance, increasing it from Rs. 3,500 to Rs. 6,000, with the understanding that the final amount would be determined based on a full assessment of the respondent's income and other relevant factors.
Fact of the Case:
The court granted leave and fixed a provisional amount as interim maintenance, increasing it from Rs. 3,500 to Rs. 6,000.
Finding of the Court:
The court did not delve into the details of the dispute but deemed it necessary to fix a provisional amount as interim maintenance, acknowledging that the final amount would be determined based on a full assessment of the respondent's income and other relevant factors.
Issues: The issue was the determination of interim maintenance pending a final decision on the appropriate amount for the wife and child's maintenance.
Ratio Decidendi: The court decided to increase the interim maintenance amount to Rs. 6,000, emphasizing that the final amount would be determined after a full assessment of the respondent's income and other relevant factors.
Final Decision: The appeal was disposed of, with the court ordering the increase of the interim maintenance amount to Rs. 6,000.
( 1 ) LEAVE granted.
( 2 ) WE do not think it necessary to go into the details of the dispute. Suffice it, if we fix an amount as provisional arrangement by way of interim maintenance.
( 3 ) THE High Court fixed up a sum of Rs. 3,500. 00 and we have no doubt that it is far too low. Learned Counsel for the appellant claims that at least a sum of Rs. 10, 000. 00 should be granted by way of interim maintenance as she has not only to maintain herself but to bring up the only child in the standard in which the child of a D. I. G. has to be brought up. Learned Counsel for the respondent submitted that the entire amount which he gets is by way of salary only and the take off amount cannot exceed Rs. 16,000. 00. This is disputed by saying that the respondent is getting other income by way of house rent, etc. We permit the appellant to prove all such facts for a decision at the final stage when the Court will be in a position to fix the sum which will, in the circumstances be reasonable to be given by way of maintenance to the wife/appellant and the child. At present, we deem it sufficient to fix a sum of Rs. 6,000. 00 as interim maintenance in place of Rs. 3, 500. This enhancement will work from 1st July, 2000. We make it clear that the High Court shall not, in any way, be influenced by that amount in fixation of the sum at the final stage as we are not fully in possession of the materials and the documents to ascertain the exact amount of income of the respondent. Hence, when final amount is fixed, the High Court will certainly look into all other aspects of the matter.
( 4 ) ORDERED accordingly.
( 5 ) THIS appeal is disposed of.
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