IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Charanjit Singh @ Charanjeet Singh – Appellant
Versus
Kirandeep Kaur – Respondent
JUDGMENT :
Vikram Aggarwal, J.
The instant revision petition preferred under Article 227 of the Constitution of India, assails the order dated 12.11.2024 (Annexure P-1), passed by the Court of District Judge, Sri Muktsar Sahib vide which, while staying the operation of the judgment and decree dated 19.03.2024 (Annexure P-2), the petitioner was asked to pay a sum of Rs.22,000/- per month as maintenance to the respondent.
2. A suit for permanent maintenance amounting to Rs.50,00,000/- (for past, present and future maintenance of Rs.40,000/- per month till her life time) was filed by the respondent-plaintiff against the petitioner-defendant. The said suit was decreed vide judgment and decree dated 19.03.2024. An appeal was preferred by the present petitioner against the said judgment and decree. The appeal was accompanied by an application under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 for the grant of stay. Vide impugned order dated 12.11.2024, the operation of the judgment and decree dated 19.03.2024 was stayed subject to the petitioner paying Rs.22,000/- per month as maintenance to respondent leading to the filing of the present revision petition.
3. I
The court upheld the requirement of interim maintenance during appeal proceedings, emphasizing obligations under family law.
The main legal point established in the judgment is the consideration of adjustment or set-off of maintenance amount awarded in previous proceedings under different statutes, as highlighted in the ca....
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
Point of Law : It is seen that learned Court below committed no error or mistake while passing the judgment and order granting the maintenance to the respondent/1st party.
The interim maintenance amount should be based on the petitioner's income and circumstances.
The main legal point established in the judgment is the entitlement of the wife to maintenance under Section 125 Cr.P.C. despite the divorce decree and permanent alimony awarded under the Hindu Marri....
The obligation of a husband to maintain his wife under Section 125 of the CrPC is a statutory duty, and the assessment of maintenance must consider the husband's income and the wife's financial needs....
The court upheld the maintenance order and emphasized the importance of complying with court orders.
The main legal point established in the judgment is the importance of considering the affidavit of assets and liabilities in determining the quantum of interim maintenance allowance and the need for ....
Onus is on husband to establish with necessary material that there are sufficient grounds to show that he is unable to maintain the family and discharge his legal obligations for reasons beyond his c....
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