T. RAJA, G. CHANDRASEKHARAN
M. Shankar – Appellant
Versus
N. Preethi – Respondent
JUDGMENT :
G. CHANDRASEKHARAN, J.
PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the Family Court Act, 1955, to set aside the fair and decretal order dated 05.01.2021 passed in I.A. No. 1 of 2019 in H.M.O.P. No. 1464 of 2018 on the file of he Additional Principal Family Judge, Coimbatore, by allowing the appeal.
1. This Civil Miscellaneous Appeal is filed against the order passed by the learned Additional Principal Family Judge, Coimbatore, in I.A. No. 1 of 2019 in H.M.O.P. No. 1464 of 2018.
2. The respondent/wife filed a petition under Section 13(1)(i)(i-a) of Hindu Marriage Act, 1955, seeking divorce against the appellant. Pending the divorce proceedings, she filed I.A. No. 1 of 2019 under Section 24 of the Hindu Marriage Act, 1955, seeking interim maintenance.
3. The facts necessary for the disposal of this appeal are as follows:
The husband's liability to maintain his wife and child and the objective of granting interim/permanent alimony to prevent destitution or vagrancy.
The court's decision on the interim maintenance amount was based on the evidence presented regarding the appellant's income.
Interim maintenance under Section 24 of the Hindu Marriage Act should reflect the standard of living enjoyed during marriage while considering the financial capacities of both parties.
Post-divorce, a husband's obligation to maintain his wife and child continues, reflecting their financial capacity and duty under law.
The father's obligation to maintain his child is paramount and cannot be negated by the mother's financial status, emphasizing shared parental duties.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.