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DELHI HIGH COURT
V.KAMESWAR RAO
S.K. Sharma – Appellant
Versus
Mahika Sharma – Respondent
| Table of Content |
|---|
| 1. petition filed to quash maintenance orders. (Para 1 , 2 , 3) |
| 2. petitioner claims undue financial burden and judicial bias. (Para 4 , 5 , 6 , 7) |
| 3. challenge to family court's dismissal of review and evidence considerations. (Para 8 , 9 , 14) |
| 4. discussion on financial means and responsibilities of both parties. (Para 15 , 16 , 19 , 25) |
| 5. court affirms financial obligations and evidentiary support. (Para 18 , 60) |
| 6. upheld maintenance order; pension attachment aspects clarified. (Para 70) |
| 7. correction of a procedural error in prior orders. (Para 71 , 72 , 74) |
JUDGMENT
V. Kameswar Rao, J. The present petition has been filed with the following prayers:
"In the premises mentioned above, this Hon'ble Court:
(A) Be graciously pleased and kind to quash and set aside the orders dated 10 Aug 2021 and 04 Aug 2021 passed by Ld Principal Judge Sh Praveen Kumar, Ld. Family Court South, Saket, New Delhi in maintenance case being M.No.108 of 2012 (Mahika Sharma & Anr. vs. Sunil Kumar Sharma) u/s 125 Cr.P.C.
(B) Pass such order(s) as this Hon'ble Court deems fit and proper in facts and circumstances of the case and in the interests of justice."
2. The present criminal revision pet
The court upheld joint parental responsibility for child support, clarifying that maintenance cannot be denied based on financial hardship without thorough examination of the parties' abilities.
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 obligation of a father towards his children does not cease when the child attains majority if the child is not able to sustain himself.
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