A husband's financial liabilities may be considered in determining maintenance, but he must still ensure reasonable support for a dependent spouse and child.

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 Case No. 213 of 2023 U/S 125 of the Cr.P.C claiming maintenance of Rs. 50,000/- per month along with interim maintenance of Rs. 20,000/- per month for herself and her daughter. A separate application for interim maintenance was also submitted before the present respondent before the Ld. Family Court No. 2, Kamrup (M), Guwahati as stated in the affidavit-in-opposition filed by the respondent. After hearing both sides the Ld. Family Court No. 2, Kamrup (M), Guwahati passed the following order :

“Both parties are present.

Heard both sides on the point of quantum of interim maintenance.

The petitioner/1t party, filed this petition U/s 125 Cr.P.C., claiming maintenance of Rs.50,000/- (fifty thousand) per month alongwith interim maintenance of Rs.20,000/- (twenty thousand) per month for herself and her daughter from the opposite party/2nd party. The 1 party stated that she was subjected to mental and physical cruelty by the 2nd party as the opposite party has neglected and refused to maintain them in spite of having sufficient means. The petitioner stated that she has no source of income to maintain herself and her school going daughter. The 1% party stated that the 2nd party/opposite party works as an LDA at Paschim Guwahati Mahavidyalaya, gets monthly salary of Rs.63,404/-, has residential and agricultural landed properties and his income is more than Rs.1,00,000/- per month.

The 2nd party/opposite party has filed written objection denying the averments made in the petition save and except which are specifically admitted. The opposite party, in his affidavit of assets and liabilities stated that he gets monthly salary of Rs.58,000/-(fifty eight thousand) as Office Assistant at Paschim Guwahati Mahavidyalaya and has other responsibilities to be discharged.

Presently, the Court is dealing with the question of interim maintenance and at this stage, it is not necessary to go into the details of the merit of the case as the parties are yet to adduce evidence.

The petitioner stated that she has no source of income to maintain herself and her school going daughter. Accordingly, to prevent them from vagrancy, the 2nd party/opposite party is directed to pay interim maintenance of Rs.15,000/- (fifteen thousand) per month in total to the petitioner, i.e. Rs.10,000/-(ten thousand) per month to the petitioner and Rs.5,000/-(five thousand) per month for her daughter, from the date of this order, or until further order.

Fixed 21.12.2023 for payment/additional evidence of the petitioner.”

5. Learned counsel for the revision petitioner submits with reference to the statements of assets & liabilities submitted by the petitioner before the Ld. Family Court No. 2, Kamrup (M), Guwahati that in view of the enormous liabilities that he has to incur, he is not in a position to pay the a