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2024 Supreme(P&H) 1219

SUMEET GOEL
Sushil Kumar – Appellant
Versus
Sushma – Respondent


Advocates Appeared:
For the Appearing Parties :Mr. Joginder Siwach Advocate , Mr. Sanjeev Sharma Advocate

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • Interim maintenance is a provisional measure based on estimations and requires financial disclosures from both parties to ensure a fair assessment and prevent misrepresentation (!) (!) (!) (!) .

  • The family court awarded interim maintenance considering the financial disparity and responsibilities of the parties, with the amount deemed reasonable given the circumstances (!) (!) (!) .

  • The petitioner challenged the order, arguing that the amount was excessive, based on presumptions about his income, and that he is suffering from chronic illness which limits his earning capacity. The petitioner also pointed out that the respondent-wife is employed and earning a salary, and that they live in the petitioner’s father’s house, which should influence the maintenance amount (!) .

  • The respondent argued that the wife and children have limited income and that the maintenance amount was calculated based on the petitioner’s income and expenses related to the children’s needs. The respondent also claimed that the petitioner is earning well through private practice (!) .

  • The court emphasized that interim maintenance is provisional and based on estimations, and that the final amount will be determined after the conclusion of the main proceedings (!) .

  • It was noted that the order was passed despite the petitioner not filing the required Affidavit of Assets and Liabilities, which is essential for an accurate assessment of financial capacity. The failure to disclose financial information can lead to adverse inferences against the non-compliant party (!) (!) .

  • The court reaffirmed that the amount of interim maintenance should be just and appropriate given the circumstances, and that the order was not excessive (!) .

  • The petition challenging the maintenance order was dismissed, with the court stating that the order was reasonable and that the proceedings should continue without influence from the observations made (!) (!) .

  • The court highlighted the importance of timely disposal of interim maintenance applications and the necessity for parties to submit full financial disclosures to facilitate fair decisions (!) (!) (!) .

  • Overall, the court maintained that interim maintenance is a provisional measure, subject to final adjudication, and the current order was appropriate given the facts of the case.


JUDGMENT :

Mr. Sumeet Goel, J.

Present revision petition has been preferred against the order dated 16.02.2024 passed by the Principal Judge, Family Court, Bhiwani Camp Court Tosham (hereinafter to be referred as the ‘concerned Family Court’) praying for setting-aside of the said order. Vide the impugned order; the respondents (herein) have been awarded interim maintenance at the rate of Rs.16,000/- per month (i.e. Rs.7,000/-per month to respondent No.1-wife and Rs.3,000/- per month each to respondent Nos.2 to 4-minor children) to be paid by the petitioner (herein) from the date of application till final disposal.

2. Learned counsel for the petitioner has argued that the learned Family Court, while determining the quantum of interim maintenance, has acted on presumption while assessing the income of the petitioner. Learned counsel has further argued that considering the modest income of the petitioner, who is only a farmer, he is unable to pay the excessive amount of maintenance granted by the Family Court. Learned counsel has further argued that the Family Court has overlooked the fact that the respondent-wife, is working in Anganwari Department and earning a salary of Rs.13,500/- pe

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