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SWARANA KANTA SHARMA
Savita Devi – Appellant
Versus
Sh. Lalit Kumar – Respondent
JUDGMENT
Swarana Kanta Sharma, J. The present petition has been filed under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") against the order dated 11.03.2020 passed by learned Additional Sessions Judge-05, South East District, Saket Courts, New Delhi (hereinafter "learned ASJ") whereby the learned Session Judge has reduced the maintenance amount from Rs.15,000/- to Rs.10,000/- (Rs.7,000/- for Petitioner and Rs.3,000/- for the son of the parties).
2. The brief facts of the case are that the marriage between the parties was solemnized on 19.02.2006 and from the wedlock, a child namely Harshit was born on 05.07.2008. It is alleged by the petitioner that respondent and his family used to ill-treat the petitioner as she had failed to fulfill their demand of dowry. In the year 2013, respondent's family allegedly threw the petitioner as well as respondent out of the matrimonial home and thereafter in 2015, respondent deserted the petitioner and returned to his parents. It is further alleged that respondent had also filed a divorce petition under Section 13(1)(a) of the Hindu Marriage Act (hereinafter "HMA") before the Fam
The obligation of an able-bodied husband to maintain his wife and minor child, and the consideration of income and expenses in determining the maintenance amount.
Interim maintenance – For the purposes of grant of interim maintenance, petitioner-wife cannot be presumed to be earning or being capable of maintaining herself.
The main legal point established in the judgment is the importance of actual earnings, standard of living, and liabilities in determining the maintenance amount under the Protection of Women from Dom....
The determination of maintenance in matrimonial disputes depends on the financial status of the parties and the standard of living to which the aggrieved person is accustomed.
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....
The court emphasized that the interim maintenance should be adequate, fair, and reasonable, and consistent with the standard of living of the aggrieved person. The court also highlighted the presumpt....
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....
The obligation of the husband to maintain his wife, the consideration of minimum wage for determining the respondent's income, and the wife's capability of earning not disentitling her from maintenan....
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