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SUMEET GOEL
Nitasha Dua – Appellant
Versus
Anil Dua – Respondent
JUDGMENT :
Sumeet Goel, J.
1. The instant revision petition has been preferred against the order dated 23.09.2021 passed by the Additional Principal Judge, Family Court, Ambala (hereinafter to be referred as ‘impugned order’) praying for modification of the said order for enhancing the quantum of interim maintenance awarded by the said order. Vide the impugned order; the petitioners (herein) have been awarded interim maintenance at the rate of Rs.8,000/- per month (i.e. Rs.3,000/- per month to petitioner No. 1-wife and Rs.2500/-per month each to petitioner Nos.2 and 3 (minor daughters) from the date of the filing of the petition alongwith litigation expenses to the tune of Rs.11,000/- The petitioners (herein) had filed a petition, under Section 125 of Cr.P.C. 1973 before the Family Court, stating that they are the wife and minor daughters, respectively, of the respondent (herein) and are unable to maintain themselves and hence the interim maintenance ought to be awarded to them.
2. Learned counsel appearing for the petitioners has argued that the learned Family Court has erred in determining the quantum of interim maintenance awarded to the petitioners (herein) insofar as the income o
The court established that a husband's obligation to maintain his wife and children is paramount, and only statutory deductions from income are permissible in determining maintenance amounts.
The court established that only statutory deductions from income are permissible when determining maintenance obligations, emphasizing the husband's duty to support dependents regardless of personal ....
Interim maintenance under Section 125 must balance the wife's needs with the husband's financial obligations, considering both parties' incomes.
The main legal point established in the judgment is the interpretation of Section 125 Cr.P.C. and the determination of the quantum of maintenance, emphasizing the husband's obligation to maintain his....
Interim maintenance is provisional and based on estimations, requiring financial disclosures to ensure fair assessment and prevent misrepresentation.
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