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SUMEET GOEL
Yashpal Singh – Appellant
Versus
Anita Kumari – Respondent
JUDGMENT :
Mr Sumeet Goel, J.:- Present revision petition has been preferred against the order dated 23.08.2023 passed by the Additional Principal Judge, Family Court, Amritsar (hereinafter to be referred as the ‘concerned Family Court’) praying for setting-aside of the said order. Vide the impugned order; the respondent-wife has been awarded interim maintenance at the rate of Rs.10,000/- per month to be paid by the petitioner-husband (herein) from the date of the institution of the application alongwith litigation expenses of Rs.3300/-. The respondent (herein) had filed a petition, under Section 125 of Cr.P.C., 1973 before the Family Court, stating that she is the legally wedded wife of the petitioner (herein) and is unable to maintain herself and hence the interim maintenance ought to be awarded to her.
2. Learned counsel appearing for the petitioner has iterated that the Family Court did not consider that the respondent-wife has not only left the matrimonial home without any sufficient cause but also abandoned her two minor daughters, who were then aged about 4 years and 3 years respectively. Furthermore, the younger daughter is suffering from a permanent hearing impairment, which
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 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 must balance the wife's needs with the husband's financial obligations, considering both parties' incomes.
Interim maintenance is provisional and based on estimations, requiring financial disclosures to ensure fair assessment and prevent misrepresentation.
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.
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