SUMEET GOEL
Ekta – Appellant
Versus
Gourav Goel – Respondent
JUDGMENT :
Sumeet Goel, J.
1. The instant petition has been preferred against the order dated 09.03.2023 passed by the learned Principal Judge, Family Court, Karnal (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 petitioner No. 2 (minor son herein) has been awarded interim maintenance at the rate of Rs.8,000/- per month to be paid by the respondent (herein) from the date of the application alongwith litigation expenses of Rs.5000/- while the petitioner No. 1-wife was denied interim maintenance. The petitioners (herein) had filed a petition, under Section 125 of Cr.P.C., 1973 before the Family Court, Karnal stating that they are the wife and minor son 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 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. It has been submitted by
A wife's past employment does not negate her current inability to maintain herself; interim maintenance must reflect the husband's financial capacity and the wife's needs.
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....
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.
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