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SANDIPKUMAR C. MORE
Abha W/o Ratnesh Singh – Appellant
Versus
Ratnesh S/o Virendra Singh – Respondent
JUDGMENT :
SANDIPKUMAR C. MORE, J.
1. Heard finally with consent of learned Counsel appearing on behalf of the rival parties at admission stage.
2. The Applicants, who are the Petitioners before the learned Family Court No. 2 at Nagpur in Petition No. E-542/2016 have challenged the Judgment and order dated 20/1/2020 passed therein, in the instant Revision Application. Under the impugned Judgment, the learned Family Court No. 2, Nagpur (for short, ‘the learned Family Court’), though granted maintenance to the present Applicant No. 2/daughter at the rate of Rs. 7000/- per month from the date of order, but rejected the claim for maintenance in respect of the present Applicant No. 1/wife. Thus, the Applicant No. 1/wife is before this Court for rejection of her maintenance and for granting a paltry amount to her daughter.
3. The facts leading to the present Revision Application are as under:
A wife's earning does not bar her from receiving maintenance; the court must consider the husband's financial status and the wife's lifestyle when determining maintenance.
The obligation of a husband to provide maintenance to his wife is fundamental, and the wife's earning capacity does not negate this obligation.
Point of law: Grant of maintenance - rise of cost of living and also taking into account that the girl child was born in the year 2004 and as of now is about 16 years of age and is of the age of a sc....
The court emphasized that maintenance must reflect the financial status of both parties, ensuring the wife maintains a standard of living consistent with her marriage while considering her earning ca....
Point of law: Claim of maintenance by wife - Maintenance amount awarded must be reasonable and realistic, and avoid either of the two extremes i.e. maintenance awarded to the wife should neither be s....
Maintenance – A well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband.
The court emphasized that maintenance must reflect the dependent spouse's needs and the paying spouse's actual income, ensuring no destitution occurs post-separation.
Grant of maintenance - Right of a minor girl for maintenance from parents after attaining majority till her marriage is recognized in Section 20 (3) of the Hindu Adoptions and Maintenance Act.
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