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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
Nisha Anurag Lodha – Appellant
Versus
Anurag Lodha S/o Vimal Chand Lodha – Respondent
ORDER :
S. Sounthar, J.
CRP No.2109 of 2025 has been filed seeking a direction to the Principal Judge, Family Court, Chennai to number the application filed by the petitioner/ wife seeking to strike off the pleadings of the respondent/husband for his failure to comply with the order of interim maintenance made in I.A.No.1 of 2023 in O.P.No.2134 of 2023, dated 30.12.2024.
2. CRP No.2712 of 2025 has been filed by the petitioner/wife seeking enhancement of interim maintenance awarded by the Family Court, Chennai in I.A.No.1 of 2023 in O.P.No.2134 of 2023.
3. It is not disputed that the respondent/husband filed the main original petition seeking dissolution of the marriage between the petitioner and the respondent that had taken place on 04.05.2001 on the ground of cruelty. Pending main O.P., the petitioner filed I.A.No.1 of 2023 seeking interim maintenance and also litigation expenses. The said interim application was partly allowed by directing the respondent/husband to pay a sum of Rs.50,000/- per month to the petitioner's son, who is under custody of the petitioner, apart from the educational expenses of the son and daughter, till the disposal of the main petition.
4. As far as CRP No.2
The court must ensure thorough consideration of financial responsibilities in interim maintenance cases, balancing the incomes of both parties while providing fair directions regarding educational ex....
Interim maintenance under Section 125 of the Cr.P.C. is provisional and must balance the needs of the dependent spouse with the financial responsibilities of the other party, particularly when childr....
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.
The court upheld that a spouse's financial independence can nullify their claim for interim maintenance, while children's maintenance is affirmed based on their dependency.
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.
The obligation of a father towards his children does not cease when the child attains majority if the child is not able to sustain himself.
Grant of interim maintenance – Magistrate is required to find out what is required by wife to maintain a standard of living which is neither luxurious nor penurious but is modestly consistent with st....
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