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DELHI HIGH COURT
ANU MALHOTRA
Baleshwar Gahlot – Appellant
Versus
Ritu Gahlot – Respondent
| Table of Content |
|---|
| 1. petition for setting aside judgment on maintenance order. (Para 1) |
| 2. petitioner's claim of financial strain from maintenance. (Para 2 , 4) |
| 3. order for reduced payment not varied. (Para 3) |
| 4. mediation attempt failed. (Para 5) |
| 5. petitioner's financial assertions regarding expenses. (Para 6 , 7) |
| 6. context of previous payments and liabilities. (Para 8 , 9) |
| 7. documentation of petitioner's salary and expenses. (Para 10 , 12) |
| 8. residential protection of the respondent. (Para 11) |
| 9. petitioner's willingness to provide alternative accommodation. (Para 13) |
| 10. respondent's need for increased maintenance. (Para 14 , 15) |
| 11. respondent's claims of living conditions and income dependency. (Para 16 , 17 , 19) |
| 12. condition of matrimonial home reported uninhabitable. (Para 18) |
| 13. (Para 21) |
| 14. court's decision to sustain increased maintenance. (Para 22) |
| 15. modification of past maintenance payment amounts. (Para 23) |
| 16. final order detailing adjustments and future payments. (Para 24) |
JUDGMENT
Anu Malhotra, J. The petitioner vide the present petition seeks the setting aside of the impugned judgment dated 06.11.2017 of the Court of the learned ASJ Saket Courts, New Delhi in CRL.A. 204/1
The maintenance amount must ensure adequate support for the dependent spouse and children without imposing an unreasonable burden on the payer, considering the financial circumstances of both parties....
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 responsibility of the father to maintain the child and the right of the child to be maintained as per the status of the father. The court should ensure that a child should not be made to suffer d....
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.
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....
Point of Law : Determination of maintenance in matrimonial disputes depends on financial status of respondent, i.e., (husband) and standard of living that applicant (wife) was accustomed to in her ma....
The main legal point established in the judgment is the entitlement of a wife to maintenance equal to the status and stature of her husband, the obligation of the husband to maintain the wife, and th....
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