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ANIL K. NARENDRAN, P. G. AJITHKUMAR
M. K. Gheevarghese – Appellant
Versus
Mariam Gheevarghese – Respondent
Headnote: Read headnote
JUDGMENT
P.G. Ajithkumar, J.—The respondent in O.P. No. 606 of 2019 on the file of the Family Court, Ernakulam has filed this original petition under Article 227 of the Constitution of India. He challenges the order of the Family Court dated 07.03.2022 in I.A.No.5447 of 2019 in O.P.No.606 of 2019, whereby the petitioner was directed to pay interim maintenance to the respondent at the rate of Rs.15,000/- per month.
2. On 22.09.2022 notice on admission was ordered to be served on the respondent. The respondent entered appearance through her learned Counsel.
3. Heard the learned Counsel appearing for the petitioner and learned Counsel appearing for the respondent.
4. The petitioner is the father of the respondent. Marriage between the petitioner and the mother of the respondent which was solemnized on 12.11.1995 was dissolved as per the order of the Family Court, Ernakulam dated 18.06.2012. The resp
Award of interim maintenance to daughter – Christian daughter is entitled to claim maintenance – In absence of any express bar or prohibition, Section 125 of Cr.P.C. could be interpreted as conferrin....
Point of Law : Section 125(1)(b) of Code an unmarried daughter who has physical or mental abnormality or injury whereby unable to maintain herself alone can claim maintenance.
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 father's obligation to maintain his child is paramount and cannot be negated by the mother's financial status, emphasizing shared parental duties.
An unmarried major daughter is entitled to maintenance under Section 20 of HAMA Act, despite her age, if she is unable to maintain herself.
Interim maintenance under Section 125 must balance the wife's needs with the husband's financial obligations, considering both parties' incomes.
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