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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Kulbir Singh – Appellant
Versus
Sangeeta – Respondent
JUDGMENT (Oral)
Suresh Kumar Kait, J. The present appeal under Section 28 of Hindu Marriage Act, 1955 (hereinafter referred to as 'HMA, 1955') read with Section 19 of the Family Court Act, 1984 has been filed against the Orders dated 11.04.2022 and 01.04.2023 vide which the interim maintenance for a sum of Rs.15,000/- has been awarded to the respondent/wife and her daughter, under Section 24 of Hindu Marriage Act, 1955.
2. The facts in brief are that the parties got married on 18.02.1999 and one daughter namely Miss Disha was born out of the said wedlock on 27.03.2000. The divorce petition has been filed by the appellant/husband in the year 2016 which is pending adjudication in the Family Court. The respondent/wife filed an application under Section 24 of the HMA, 1955 and after considering the rival contentions, it was observed that the appellant had disclosed his salary as 53,414/- in July 2018 and his income as per his Income affidavit dated 22.02.2022 was Rs.56,476/- per month. The appellant had explained his expenditure which included monthly instalment of Rs.17,618/- qua Housing Loan.
3. The respondent has explained her monthly expenses to be around 37,000/- per month which
The court has the discretion to modify maintenance orders based on the circumstances, including expenses already borne by the party responsible for payment.
Despite receiving maintenance under Section 125 Cr.P.C., a party may still be entitled to additional maintenance under Section 24 of the Act of 1955 based on their financial situation.
(1) Father cannot abdicate his responsibility of looking after his unmarried daughters.(2) An unmarried daughter, even if employed and earning, cannot be assumed to have sufficient resources to meet ....
The maintenance for a minor child must reflect true expenses and not exceed reasonable amounts, as supported by evidence, ensuring it aligns with both parents' financial situations and obligations.
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 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 determination of maintenance pendente lite under Section 24 of HMA should consider the financial capacity and obligations of the parties, and the spouse seeking maintenance should make sincere ef....
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