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SANDEEP MEHTA
Dharmendra Dhaniya – Appellant
Versus
Reena Middal – Respondent
JUDGMENT
1. The instant revision has been preferred by the petitioner Dharmendra Dhaniya for assailing the order dated 09.09.2020 passed by the Judge, Family Court No.2, Jodhpur in Criminal Original Case No.13/2019 whereby, the application under Section 125 Cr.P.C. preferred by the respondents being the wife and daughter of the petitioner, was partly accepted and the petitioner herein was directed to make payment of a sum of Rs.15,000/- towards monthly maintenance to his minor daughter respondent No.2.
2. I have heard and considered the submissions advanced by learned counsel Shri Arora representing the petitioner and have gone through the impugned order.
3. Suffice it to say that the petitioner is a Teacher in the Education Department and as per his salary statement, he was drawing net salary of Rs.69,111/- per month. The sole argument advanced on behalf of the petitioner for assailing the impugned order is that the respondent wife Smt. Reena is also posted as a Teacher in the Education Department and that she too earns handsome salary and thus, it is her obligation to maintain the child. I have considered the said submission advanced by Shri Arora and have carefully perused the impu
Both parents have a legal obligation to maintain their minor children, and maintenance amounts should be reasonable and reflective of the parents' financial situations.
Maintenance can be awarded from the date of petition filing when neglect is established; Courts must consider the financial circumstances and needs of dependents.
The main legal point established in the judgment is the determination of maintenance under Section 125 Cr.P.C. for the wife and minor child, and the court's discretion to enhance the maintenance base....
A husband has a legal obligation to provide maintenance to his wife and child, and the court has the discretion to determine the amount based on the husband's ability to pay and the needs of the depe....
A husband must provide reasonable maintenance to his wife and children based on his income, and courts can modify maintenance orders if they find them unreasonable.
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.
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
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.
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