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MANOJ KUMAR OHRI
Tarun Pawar – Appellant
Versus
Pushpa Pawar – Respondent
ORDER
Manoj Kumar Ohri, J. (Oral). - The present revision petition has been filed under Section 397 Cr.P.C. assailing the interim maintenance order dated 15.11.2018 passed by the Family Court, South-West District, Dwarka Courts, New Delhi in MTNo.1132/17.
2. As per the facts narrated in the petition, the petitioner/husband was married to respondent/wife on 28.02.2017. However, owing to matrimonial discord the respondent filed a petition for maintenance under Section 125 Cr.P.C. in December, 2017.
3. In the aforesaid application, the respondent claimed that she was a housewife having no source of income, and she was totally dependent upon her parents for her day to day needs and expenses. It was claimed that the petitioner was running the business of cable network under the name and style of M/s Tarun Cable Network. It was further stated that besides earning Rs. 3,00,000/- per month from the said business was also having a rental income of approximately of Rs. 50,000/- from his flat at Sector-7 Rohini and property bearing No. 53-A, Ber Sarai, New Delhi. It was also claimed that the petitioner was also having other source of income including interests from FDRs, mutual funds and share m
A spouse's capability of earning does not automatically disqualify them from receiving maintenance under Section 125 Cr.P.C., and the apportionment of family resources must consider the financial req....
A spouse's capability to earn does not preclude the entitlement to maintenance, emphasizing that actual earnings must be considered, not merely potential income.
Maintenance must be assessed based on household income and number of dependents, ensuring fair living standards for the petitioner post-separation.
Interim maintenance – For the purposes of grant of interim maintenance, petitioner-wife cannot be presumed to be earning or being capable of maintaining herself.
Interim maintenance under Section 125 of the Cr.P.C. is provisional and must balance the needs of the dependent spouse with the financial responsibilities of the other party, particularly when childr....
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