SUMEET GOEL
Amanpreet Singh Garcha – Appellant
Versus
Savreet Kaur (minor daughter) through her natural guardian/mother Smt. Maninder Kaur – Respondent
JUDGMENT :
(Summet Goel, J.)
Present revision petition has been preferred against the order dated 17.08.2024 passed by the learned Principal Judges, Family Court, Camp Court, Nabha (hereinafter to be referred as the ‘concerned Family Court’) praying for Setting-aside of the said order. Vide the impugned order; the respondent (herein) has been Awarded interim maintenance at the rate of RS.7,000/- per month to be paid by the petitioner (herein) From the date of filing of petition along with litigation expenses to the tune of Rs.10,000/-
2. Learned counsel for the petitioner has iterated that the petitioner has submitted an affidavit before the learned Family Court, clearly indicating that he is employed in private job with a meagre monthly income of Rs.22,000/-, and that six of his family members are dependent on the petitioner. Despite these facts beings on record, the learned Family Courts, without properly considering the financial circumstances, erroneously awarded interim maintenance to the respondent. In contrast, the wife of the petitioner namely Maninder Kaur (natural Guardian of the respondent), is a Government teacher with a monthly income of Rs.35,400/-, and the respondent is
Sunita Kachwal & Ors. V. Anil Kumar (2014) 16 SCC 715
Chander Prakash Bodhraj v. Shila Rani Chander Prakash
Shamima Farooqui v. Shahid Khan, 2015(2) Marriage L.J. 147 (SC)
The father's obligation to maintain his child is paramount and cannot be negated by the mother's financial status, emphasizing shared parental duties.
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....
The husband has a legal obligation to maintain his wife and children, regardless of the wife's income, and interim maintenance is provisional, subject to final determination.
Interim maintenance is provisional and based on estimations, requiring financial disclosures to ensure fair assessment and prevent misrepresentation.
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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