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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Achal Yadav – Appellant
Versus
Preeti Yadav – Respondent
JUDGMENT (Oral)
1. An appeal under Section 19 of the Family courts Act, 1984 has been filed by the appellant/husband against the Order dated 21.09.2022 granting interim maintenance in the sum of Rs.8000/- per month (Rs.4,000/- to the respondent/wife for herself and Rs.4,000/- for the minor child) in an application under Section 24 of Hindu Marriage Act, 1955.
2. The facts, in brief, are that the parties got married on 18.01.2014 and were blessed with one daughter on 17.05.2015. On account of the matrimonial discord, the parties separated in March, 2019 and since then the child has been in the exclusive custody of the respondent/wife. She filed an application under Section 24 of the HMA seeking maintenance, in the divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
3. It was claimed by her that appellant/husband is working in DRDO and also has agricultural and rental income which adds up to Rs.1 lakh per month. On the other hand, she has been residing in parental home since March, 2019 and she and her daughter are surviving on the mercy of her parents since the appellant has not made any provision for their expenses. The respondent had thus, claimed Rs.70,000/- pe
Misrepresentation of employment status can affect entitlement to maintenance, and special circumstances such as the needs of a special child can influence the amount of maintenance awarded.
The father's obligation to maintain his child is paramount and cannot be negated by the mother's financial status, emphasizing shared parental duties.
Interim maintenance under Section 125 of the Cr.P.C. is provisional and must balance the needs of the dependent spouse with the financial responsibilities of the other party, particularly when childr....
Interim maintenance – For the purposes of grant of interim maintenance, petitioner-wife cannot be presumed to be earning or being capable of maintaining herself.
(1) Enhancement of interim maintenance – Family Court does not become functus officio after withdrawal of divorce petition and it can decide applications filed under Sections 24 and 26 of HMA, 1955 e....
A well-qualified, able-bodied husband cannot claim interim maintenance from the wife without demonstrating financial dependency or exceptional circumstances, especially when unemployment is due to pe....
The main legal point established in the judgment is the need to consider the income of the parties and the paying capacity of the non-applicant when deciding the quantum of interim maintenance under ....
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