Vikas Yadav vs Nirmal Kumar - 2024 Supreme(P&H) 1288

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1288

SUMEET GOEL
Vikas Yadav – Appellant
Versus
Nirmal Kumar – Respondent

JUDGMENT :

Sumeet Goel, J.

The instant revision petition has been preferred against the order dated 27.05.2022 passed by the learned Additional Principal Judge, Family Court, Gurugram (hereinafter to be referred as ‘impugned order’) praying for modification of the said order consequently enhancing the quantum of interim maintenance awarded by the said order. Vide the impugned order; the petitioners (herein) have been awarded interim maintenance at rate of Rs.30,000/- per month (i.e. Rs.20,000/-per month to petitioner No.1-wife and Rs.5,000/- per month each to petitioner Nos.2 and 3 (minor children) from the date of the filing of the petition. 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 children, 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 petitioner has iterated that the learned Family Court has erred in determining the quantum of interim maintenance awarded to the petitioners (herein) insofar as the income of the respondent is concerned. According t