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SUNIL DUTTA MISHRA
Mukesh Kumar Son of Late Paras Nath Prasad – Appellant
Versus
Suman Kumari, Wife of Mukesh Kumar – Respondent
JUDGMENT :
1. This Civil Misc. Application has been filed by the petitioner for setting aside the order dated 09.05.2018 passed by learned Principal Judge, Family Court, Bhojpur at Ara, in Matrimonial Case No. 361 of 2017 whereby the petitioner has been directed to pay interim maintenance of Rs. 15,000/-per month for his wife/ respondent and two minor children.
2. It appears from the record that the marriage between the petitioner and respondent was solemnised on 07.12.2012 as per Hindu rites and customs and out of their wedlock, two children have been born. Due to the reasons stated in petition, the petitioner filed divorce case bearing Matrimonial (Divorce) Case No. 36 of 2017 under Section 13 of the Hindu Marriage Act. The respondent-wife vide application dated 13.04.2018 filed an application for interim maintenance and litigation expenses stating that she has no source of income and is unable to maintain herself and her two minor children and the plaintiff is in government service and have much immovable property and he has income of Rs. 95,000/-per month. The learned Court below directed the petitioner to pay Rs.30,000/-as cost of litigation and vide impugned order petitioner ha
The main legal point established in the judgment is the need to consider the income of the parties and the paying capacity of the non-applicant when deciding the quantum of interim maintenance under ....
The main legal point established is that a wife with no source of income is entitled to interim maintenance under Sec. 24 of the Hindu Marriage Act when any proceeding under the Act is pending.
Section 24 of the Hindu Marriage Act, 1955 aims to provide financial assistance to a party in a matrimonial dispute who lacks independent income, considering the inability to maintain themselves and ....
The main legal point established in the judgment is the application of Section 24 of the Hindu Marriage Act and the principle that maintenance should not be less than 25% of the husband's monthly sal....
Interim maintenance—There should be grant of interim maintenance not only to see equal standard of maintenance of life by both wife and husband but also to ensure wife maintains a minimum standard of....
The determination of interim maintenance under Section 24 of the Hindu Marriage Act is based on the income of both parties, their capacity to pay, and the factual situation, including caregiving resp....
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