Back
ASHOK KUMAR GAUR, ASHUTOSH KUMAR
Sunita Chaudhary – Appellant
Versus
Manoj Kumar – Respondent
| Table of Content |
|---|
| 1. filing of appeal challenging divorce decree. (Para 1 , 2) |
| 2. context of maintenance due to husband's retirement. (Para 3 , 4 , 5 , 6) |
| 3. applicant's financial claims and expenses. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. husband's counterarguments against maintenance. (Para 14 , 15 , 16 , 17 , 18) |
| 5. court's responsibility in assessing maintenance. (Para 20 , 21 , 22 , 23) |
| 6. legal standards for maintenance as established by apex court. (Para 24 , 25 , 26 , 27) |
| 7. rejection of husband's claims regarding income sufficiency. (Para 29 , 30 , 31 , 32 , 33) |
| 8. child's entitlement to maintenance. (Para 35 , 37) |
| 9. final order of maintenance quantification. (Para 38) |
JUDGMENT :
Ashok Kumar Gaur, J. - The present order will dispose of D.B. Civil Misc. Application No.01/2022 dated 04.05.2022, filed under section 24 of the HINDU MARRIAGE ACT , 1955 (hereafter 'the Act of 1955') for granting maintenance pendente lite to the applicant/appellant(wife).
2. Learned counsel for the applicant Mr.M.S. Saharan has submitted that the present D.B. Civil Misc. Appeal No.5316/2018 has been filed by the applicant-wife challenging the judgment and decree dated 08.10.2018 passed by the Family Court
The main legal point established in the judgment is the obligation of the husband to maintain his wife, considering his financial capacity and the wife's need for support, as provided under the Hindu....
The wife is entitled to an enhancement of maintenance based on the husband's income and the wife's financial situation. The court emphasizes the need for timely disposal of maintenance applications a....
The court emphasized that maintenance must reflect the dependent spouse's needs and the paying spouse's actual income, ensuring no destitution occurs post-separation.
Interim maintenance – Sustenance of a woman does not and cannot mean mere survival – A woman, who is constrained to leave matrimonial house should not be allowed to feel that she has fallen from grac....
The main legal point established in the judgment is the criteria for determining the quantum of maintenance, including the factors to be considered and the need for a reasonable and realistic mainten....
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
