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G. A. SANAP
Ashok Kedarnath Gupta – Appellant
Versus
Kedarnath Dashrath Gupta – Respondent
JUDGMENT
1. Heard Mr. R. S. Kurekar, learned advocate for the petitioner and Mr. K. Y. Mandape, learned advocate for the respondent.
2. In this writ petition, challenge is to the order dtd. 7/6/2022 passed by the learned Judge, Family Court No.4, Nagpur on application (Exh.6) in Petition No. E414/2019, whereby the learned Judge was pleased to direct the petitioner to pay Rs.10, 000.00 per month to the respondent towards interim maintenance from the date of application i.e. 6/8/2019.
3. The respondent is the father of the petitioner. Perusal of the pleadings would show that this litigation is the most unfortunate litigation considering the relationship. The mother of the petitioner and the wife of the respondent has filed an affidavit and stated that she is not claiming any maintenance from the petitioner. She has also stated that her husband/respondent is not entitled to claim maintenance from the petitioner.
4. The main petition filed by the respondent for maintenance as per the provisions of Sec. 125 of the Code of Criminal Procedure is pending before the Family Court. During pendency of this petition, the respondent applied for interim maintenance @ Rs.20, 000.00 per month. Accordin
The court upheld the principle of providing interim maintenance based on the financial means of the parties involved, pending the final decision on the maintenance petition.
The court confirmed the necessity of interim maintenance considering the financial capacity of the petitioner and the needs of the respondents.
The father's obligation to maintain his child is paramount and cannot be negated by the mother's financial status, emphasizing shared parental duties.
Interim maintenance under Section 125 must balance the wife's needs with the husband's financial obligations, considering both parties' incomes.
The court mandates reconsideration of interim maintenance applications, emphasizing the need for due consideration of the parties' financial situations.
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