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IN THE HIGH COURT AT CALCUTTA
Chaitali Chatterjee (Das)
Guddi Kumari Balmiki – Appellant
Versus
Rakesh Kumar Balmiki – Respondent
JUDGMENT :
Chaitali Chatterjee (Das), J.
1. No one appears to represent the Opposite Parties.
2. Heard the submissions of the learned Advocate appearing on behalf of the petitioner.
3. This is an application filed on behalf of the present petitioner being the wife against an order dated December 05, 2022 passed by the learned Judicial Magistrate, 4th Court, Alipore, 24 Parganas (South), in connection with ACM- 914 of 2019 whereby the Opposite Party no.1 was directed to pay an amount of Rs.6000/- per month to the petitioner and Rs.5000/- per month to each of her two daughters as an ad interim maintenance.
4. The fact of the case of the petitioner in a nutshell is that the marriage between the parties solemnized on May 13, 1995 and they were blessed with three children. After that the present petitioner being neglected and deserted by the opposite party no.1 along with her three children, filed an application under Section 125 of the Code of Criminal Procedure, 1973 praying for the a monthly amount of interim maintenance of Rs.20, 000/- for herself and Rs.20, 000/- each for her two minor daughters from the date of filing of the application. The said application for maintenance was transfe
Interim maintenance awarded must reflect the living circumstances of the family and the income of the husband, adhering to the framework established under section 125 of the Code of Criminal Procedur....
The main legal point established in the judgment is the criteria for determining the quantum of maintenance, including the factors to be considered and the need for a reasonable and realistic mainten....
The legal obligation of the husband to support his wife and prevent destitution under Section 125 of the Code of Criminal Procedure.
Grant of interim maintenance – Magistrate is required to find out what is required by wife to maintain a standard of living which is neither luxurious nor penurious but is modestly consistent with st....
A husband's financial liabilities may be considered in determining maintenance, but he must still ensure reasonable support for a dependent spouse and child.
The court established that maintenance claims under different statutes must be adjusted to prevent overlapping and ensure fair support for dependents.
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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