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SANDEEP MEHTA, SOUMITRA SAIKIA
Supratim Choudhury S/o Dr. Biresh Ranjan Choudhury – Appellant
Versus
Monidipa Deb W/o Supratim Choudhury – Respondent
JUDGMENT :
SANDEEP MEHTA, J.
1. The instant appeal under Section 19 of the Family Court’s Act, 1955 is directed against the judgment and order dated 07.12.2022 passed by the learned Principal Judge, Family Court, Silchar in F.C. (Civil) Misc. Case No. 27/2017 arising out of F.C. (Civil) Case No. 183/2017.
2. The matter comes up for orders on I.A. (Civil) No. 725/2023 preferred by the appellant seeking stay of the operation of the order dated 07.12.2022 passed by the Court of learned Principal Judge, Family Court, Cachar at Silchar in F.C. (Civil) Misc. Case No. 27/2017 arising out of F.C. (Civil) Case No. 183/2017 whereby the learned Family Court awarded a sum of Rs. 1,500/- (Rupees one thousand five hundred) per month as maintenance pendente-lite from the date of the filing of the application i.e.18.08.2017 till disposal of the main suit and a sum of Rs.10,000/- (Rupees ten thousand) only as cost of proceedings to the respondent-wife of the appellant.
3. With the consent of the learned counsel for the parties, arguments on the main appeal, Mat. App. No. 9/2023 have been heard.
4. Learned counsel for the appellant has vehemently and fervently urged that the impugned judgment is bad in t
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.
Maintenance pendente lite under Section 24 of the HMA must fairly reflect the financial capacities of both spouses and ensure adequate support for dependents.
Section 24 of the Hindu Marriage Act mandates maintenance for spouses lacking independent income, emphasizing financial support during matrimonial disputes.
The absence of affidavits of assets and liabilities in maintenance proceedings violates Supreme Court guidelines, necessitating their submission for fair assessment.
The court emphasized that interim maintenance must be reasonable and based on the financial needs of the petitioner, regardless of the ultimate outcome of the divorce proceedings.
The father's obligation to maintain his child is paramount and cannot be negated by the mother's financial status, emphasizing shared parental duties.
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