Back
THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH),
SANJEEV KUMAR SHARMA
Girindra Misra, S/o Late Rabindra Nath Misra – Appellant
Versus
Suravi Sarma, D/o Late Dinendra Chandra Sarma – Respondent
| Table of Content |
|---|
| 1. interim maintenance order details. (Para 2 , 3) |
| 2. arguments regarding financial liabilities. (Para 4 , 5 , 6) |
| 3. court's reasoning on maintenance amount. (Para 7 , 8) |
| 4. order for maintenance payment procedure. (Para 9) |
| 5. final conclusion on revision petition. (Para 10) |
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. Heard Ms. S. Dasgupta, learned counsel for the petitioner. Also heard Mr. B.J. Barman, learned counsel for the respondent.
2. This Revision Petition is directed against the order dated 21.12.2024 passed by the learned Principal Judge, Family Court No.III, Kamrup(M) in F.C.(Criminal) Case No.162/2024, whereby the revision petitioner/father was directed to pay interim maintenance amount of Rs.5,000/- for maintenance of his minor son.
3. The impugned order dated 21.12.2024 is reproduced hereinbelow, as follows :
“Petitioner is present.
Opposite party is absent without step.
Heard both the parties on interim maintenance allowance on the last date fixed.
This is a case under section 125 Cr.P.C by which the petitioner has claimed monthly interim maintenance allowance of Rs.30,000/- (Rupees Thirty Thousand only) from the opposite party for herself and their minor son.
The case
Interim maintenance must reflect the child's needs and not be undermined by the parent's personal liabilities; both parents contribute to the child's welfare.
A husband's financial liabilities may be considered in determining maintenance, but he must still ensure reasonable support for a dependent spouse and child.
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.
A review application requires clear evidence of error or new facts not previously presented; mere dissatisfaction with an order does not suffice.
Interim maintenance orders are final and enforceable, reflecting the husband's obligation to support his wife and children, irrespective of the wife's prior earnings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
