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SWARANA KANTA SHARMA
Ritu Manoj Prithiani – Appellant
Versus
Sh. Manoj Dharamdas Prithiani – Respondent
JUDGMENT
Swarana Kanta Sharma, J. The petitioner has filed the present petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter `Cr.P.C.') seeking enhancement of maintenance by modification of impugned order dated 27.08.2018 passed by learned Principal Judge, Family Courts, Patiala House Courts, New Delhi (hereinafter `Family Court') in M.No. 72/2016 titled as `Ritu Manoj Prithiani vs. Manoj Dharamdas Prithiani' wherein the application of petitioner for interim maintenance had been disposed of.
2. Brief facts, leading to filing of present petition, are that on 09.07.2011, the petitioner and respondent had got married as per Hindu rites and ceremonies. However, differences between the parties had arisen and the petitioner had filed an application under Section 125 Cr.P.C for grant of interim maintenance. By virtue of order dated 27.08.2018, learned Principal Judge had awarded interim maintenance of Rs.18,000/- per month to the present petitioner. The relevant portion of the said order reads as under:
"8. It is settled proposition of law that wife is entitled to the maintenance equal to the status and stature of her husband and it is also d
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....
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....
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 wife is entitled to an enhancement of maintenance based on the husband's income and the wife's financial situation. The court emphasizes the need for timely disposal of maintenance applications a....
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....
Interim maintenance – Sustenance of a woman does not and cannot mean mere survival – A woman, who is constrained to leave matrimonial house should not be allowed to feel that she has fallen from grac....
The main legal point established is the consideration of financial capacity, entitlement to maintenance despite earning, and the factors for determining maintenance as per Rajnesh Vs Neha.
The main legal point established in the judgment is the obligation of the husband to maintain his wife, considering his financial capacity and the wife's need for support, as provided under the Hindu....
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