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SURYA KANT, UJJAL BHUYAN
Neelima Choure – Appellant
Versus
Vijay Choure – Respondent
| Table of Content |
|---|
| 1. maintenance awarded to the appellant-wife. (Para 2 , 3) |
| 2. settlement agreement involving educational expenses. (Para 4 , 7) |
| 3. payment details as per settlement agreement. (Para 5 , 6) |
| 4. rights to educational expenses and divorce decree. (Para 8 , 9) |
| 5. finalization of settlement and dismissal of appeal. (Para 10 , 11 , 12) |
ORDER :
1. Leave granted.
2. The instant appeal, at the instance of the appellant-wife, is directed against an order dated 10.07.2023, passed by the High Court of Madhya Pradesh at Indore, in terms whereof the appellant's claim for grant of suitable maintenance was partly allowed and instead of Rs.5,000/- (Rupees Five Thousand) per month, she has been awarded Rs.7,000/- (Rupees Seven Thousand) per month as maintenance. It may be mentioned that the Family Court had earlier increased the maintenance from Rs.3,000/- (Rupees Three Thousand) per month to Rs.5,000/- (Rupees Five Thousand) per month.
3. The precise case of the appellant is that monthly salary of respondent No.1 - her husband was Rs.84,463/- (Rupees Eighty Four Thousand, Four Hundred and Sixty Three), and hence she is entitled to the maintenance, keeping in view the monthly income and stand
Parents are obligated to support their children's educational and marriage expenses based on reasonable needs and financial capacity.
Divorce – A dead marriage can be given a decent quietus while protecting interest of divorced wife by granting her a decent alimony.
The court has the discretion to modify maintenance orders based on the circumstances, including expenses already borne by the party responsible for payment.
Quantum of maintenance must be compatible with standard of living of estranged wife in her matrimonial home.
The court increased permanent alimony and maintenance amounts to reflect the financial capacity of the husband and the needs of the daughters, emphasizing the importance of adequate support post-divo....
The court denied divorce due to inadequate proof of cruelty and established the father's enhanced financial obligation towards his daughter’s welfare post-separation.
Points Of Law : Interest of justice to envisage that maintenance at reduced rate of rupees ten thousand per month will be provided by appellant to first Respondent until he completes his first degree....
The court emphasized the responsibility of the father to provide maintenance for the child and considered the financial capabilities of both parents in determining the maintenance amount and sharing ....
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