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SUMEET GOEL
Baldev Singh – Appellant
Versus
Karamjit Kaur @ Soni – Respondent
JUDGMENT :
Sumeet Goel, J.
Present revision petition has been preferred against the order dated 02.05.2024 passed by the Additional Principal Judge, Family Court, Ludhiana (hereinafter to be referred as the ‘concerned Family Court’) whereby the petitioner (herein) has been directed to make payment of ad- interim maintenance at the rate of Rs.3500/- per month to respondent No.1 and Rs.2000/- per month to respondent No.3 from the date of application till the adjudication of the application for interim maintenance on merits.
2. Learned counsel for the petitioner has argued that the impugned order dated 02.05.2024 is against the statute as there is no legislative mandate for grant of any ad-interim maintenance under Section 125 of Cr.P.C pending final disposal of an application for interim maintenance. Learned quantum counsel for the petitioner has further argued that, in any case, the of ad-interim maintenance awarded is on the higher side as respondent No.1 is a working lady and has sufficient income to maintain herself and the children. Thus, it has been prayed that the instant petition be accepted and the impugned order dated 02.05.2024 be set-aside.
3. Learned counsel appearing for th
The court affirmed that while Section 125 of Cr.P.C. does not explicitly provide for ad-interim maintenance, it can be granted by implication in exceptional circumstances, emphasizing the need for ju....
The court affirmed the implied power to grant ad-interim maintenance under Section 125 of the Cr.P.C. to ensure social justice, despite the lack of explicit statutory provision.
An order of interim maintenance under Section 125 of the Cr.P.C. is an intermediate order and thus revisable under Section 397(1); it was affirmed by the Court as not suffering from illegality.
A husband can contest a wife's claim for interim maintenance on grounds of adultery, but must provide sufficient evidence to support this claim.
The court emphasized the summary nature of the proceedings under Section 125 of the Code of Criminal Procedure, 1973, and the objective to provide immediate relief to the applicant.
Interim maintenance under Section 125 of the Cr.P.C. requires thorough financial assessment of both parties, with specific affidavits of assets and liabilities being crucial for the determination of ....
The main legal point established in the judgment is the importance of speedy disposal of maintenance petitions under Section 125 of Cr.P.C. to prevent destitution and vagrancy, as well as the duty of....
The court established that maintenance claims under different statutes must be adjusted to prevent overlapping and ensure fair support for dependents.
Interim maintenance under Section 125 must balance the wife's needs with the husband's financial obligations, considering both parties' incomes.
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