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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SANJEEV KUMAR SHARMA
Dhruba Jyoti Kakati S/O Late Harikanta Kakati – Appellant
Versus
Rijumani Kakati W/O Sri Dhruba Jyoti Kakati – Respondent
| Table of Content |
|---|
| 1. maintenance rights of legally married individuals. (Para 2 , 3 , 4) |
| 2. consideration of husband's liabilities in maintenance decisions. (Para 5 , 6) |
| 3. court's assessment of the legality of the lower court's order. (Para 7 , 8) |
| 4. conclusion and dismissal of the petition. (Para 9) |
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. Heard Mr. J.M Gogoi, learned counsel for the petitioner. Also heard Mr. B.K Bhagawati, learned counsel appearing for the respondent.
2. This is an application U/S 482 of the Cr.P.C seeking quashing of the impugned order dated 17.11.2023 whereby the Ld. Principal Judge, Family Court No. 2, Kamrup (M), Guwahati granted an interim maintenance of Rs. 15,000/- to the respondent and her minor child.
3. The facts of the case briefly put are that the revision petitioner and the respondent are the legally married husband and wife and their marriage was solemnized on 13.05.2006. However, due to differences that developed between them, the respondent along with the child started living separately from the year 2023.
4. The respondent herein, thereafter, preferred a petition before the Ld. Family Court No. 2, Kamrup (M), Guwahati which was registered as F.C. Criminal C
A husband's financial liabilities may be considered in determining maintenance, but he must still ensure reasonable support for a dependent spouse and child.
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.
Interim maintenance under Section 125 must balance the wife's needs with the husband's financial obligations, considering both parties' incomes.
Interim maintenance is provisional and based on estimations, requiring financial disclosures to ensure fair assessment and prevent misrepresentation.
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