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VIPIN SANGHI, JASMEET SINGH
Sheetal Joshan Roy – Appellant
Versus
Soumyajit Roy – Respondent
ORDER
1. The appellant has preferred the present appeal to assail the order dated 14.08.2019 in HMA Case No. 5861276/2016, whereby the learned Single Judge, Family Court has decided the application preferred by the appellant under Section 24 of the Hindu Marriage Act, 1955.
2. The Family Court has granted maintenance at the rate of Rs.30,000/- per month to the appellant-wife and Rs.15,000/- per month each in respect of the two minor children, aged 8 years and 12 years.
3. The objective of granting interim or permanent maintenance to a spouse is to ensure that they are not reduced to financial constraints, due to the failure of their marriage. There can be no strait jacket formula for deciding the amount of maintenance to be awarded - many factors need to be taken into account. The maintenance amount awarded must be realistic and reasonable.
4. A perusal of the impugned order shows that there is hardly any discussion undertaken by the Presiding Judge while passing the impugned order, he has only recorded the submissions of the parties and in paragraph 8 observed as follows:
"8. Keeping in view the submissions and the facts of the case that the divorce petition filed by the petiti
The court emphasized that interim maintenance must be reasonable and based on the financial needs of the petitioner, regardless of the ultimate outcome of the divorce proceedings.
The court established that an able-bodied husband has a legal obligation to maintain his wife, regardless of his employment status, and that interim maintenance is essential to prevent the destitutio....
The legal obligation of the husband to maintain his wife and the requirement of interim maintenance during court proceedings.
The court can make arrangements for maintenance and arrears without prejudice to the rights and contentions of the parties, and can direct the family court to expedite the adjudication of the main pe....
The court has the discretion to modify maintenance orders based on the circumstances, including expenses already borne by the party responsible for payment.
The main legal point established in the judgment is that the obligation of the husband to provide maintenance is on a higher pedestal than the wife, and adverse inferences can be drawn against a part....
The father's obligation to maintain his child is paramount and cannot be negated by the mother's financial status, emphasizing shared parental duties.
The court confirmed the necessity of interim maintenance considering the financial capacity of the petitioner and the needs of the respondents.
Maintenance in divorce cases aims to prevent destitution of a non-earning spouse and minor child, emphasizing the need for dignity and financial support during prolonged matrimonial disputes.
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