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IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma
Krishna Kumari – Appellant
Versus
Surender Singh – Respondent
| Table of Content |
|---|
| 1. petition for enhancement of maintenance dismissed. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. analysis of past maintenance orders. (Para 7 , 12 , 13 , 14 , 15) |
| 3. arguments about petitioner's financial dependency. (Para 8 , 9 , 10) |
| 4. guidelines governing enhancement of maintenance. (Para 16 , 17 , 18 , 19) |
| 5. finding regarding appropriate maintenance adjustment. (Para 20 , 21 , 22 , 24 , 25 , 26 , 27) |
| 6. court orders maintainence adjustment and conclusion. (Para 28 , 29 , 30) |
JUDGMENT :
Swarana Kanta Sharma, J.
1. This revision petition has been preferred by the petitioner, assailing the order dated 03.09.2024 [hereafter 'impugned order'], passed by the learned Judge, Family Courts, South District, Saket, New Delhi [hereafter 'Family Court'], by way of which the application (Misc Crl. 9/2018) filed by the petitioner under Section 127 of the Code of Criminal Procedure, 1973 [hereafter 'Cr.P.C.'], seeking enhancement of amount of maintenance, came to be dismissed.
2. The brief facts of the case, as disclosed in the petition, are that the marriage between the petitioner-wife and the respondent-husband was solemnized on 28.04.1990. No child was born from the wedlock. The petitioner a
Maintenance amounts can be modified under Section 127 of the Cr.P.C. based on changes in circumstances, including the income of both parties and cost of living adjustments.
Quantum of maintenance – Enquiry under Section 127 of Cr.P.C. must extend to changes in financial conditions of parties.
Enhancement of maintenance must align with the changing income and circumstances of the parties, recognizing the financial dependency of a spouse irrespective of their qualifications and parental sup....
The main legal point established in the judgment is that the quantum of maintenance must be determined based on the financial status of the parties, the reasonable needs of the dependant spouse and c....
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
The husband has a duty to provide financial support to the wife and minor children, and maintenance proceedings aim to prevent vagrancy and destitution of a deserted wife.
The court upheld the enhancement of maintenance due to increased salary and living costs, affirming the obligation to support dependents at a standard of living commensurate with the petitioner's sta....
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