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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Nidhi Sudan – Appellant
Versus
Manish Kumar Khanna – Respondent
JUDGMENT
Anoop Kumar Mendiratta, J. - The challenge in this appeal under Section 19(3) of Family Courts Act, 1984 and Section 28 of Hindu Marriage Act, 1955 (hereinafter, referred to as 'HMA') is to an order dated April 06, 2023 passed by learned Judge, Family Court, whereby the respondent-husband was directed to pay the maintenance to the minor child @ Rs.20,000/- per month from the date of filing of the application till the decision of the case, while the pendente lite maintenance to the appellant wife was declined.
2. In brief, the marriage between the appellant (petitioner before the learned Trial Court) and the respondent was solemnized on September 02, 2000 according to Hindu rites and ceremonies. A female child was born out of the wedlock on December 10, 2010. A petition for dissolution of marriage under Sections 13(1)(ia) & (ib) HMA was preferred by the appellant on September 13, 2019 claiming that the respondent had treated her with cruelty and deserted her, constraining the appellant to live separately w.e.f. December, 2013. Also, an application under Section 24 HMA was filed along with the petition claiming maintenance @ Rs.75,000/- per month for the appellant and the mino
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....
The husband is required to disclose his actual income, and the maintenance amount should be commensurate with the parties' prior standard of living.
An earning wife is not barred from claiming interim maintenance under Section 24 of the HMA; the court must assess whether her income suffices for her to maintain a standard of living equivalent to t....
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....
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 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....
Courts must assess maintenance amounts based on the true financial status of the parties, ensuring that the awarded maintenance is reasonable and reflects the family's needs.
The main legal point established in the judgment is that allegations of cruelty must be proven, and the petitioner must not have condoned the cruelty before a decree of divorce can be granted on the ....
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