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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Richa Thapar – Appellant
Versus
Gautam Thapar – Respondent
JUDGMENT :
Sumeet Goel, J.
Vide this common order, two separate criminal revision petitions, bearing numbers CRR(F) 856 of 2024; and CRR(F) 859 of 2024 filed against, a common order dated 29.05.2024 passed by Additional Principal Judge, Family Court, Ludhiana, in case bearing CIS No.MNT/175 of 2023, are being disposed of.
2. The parties in the present case are referred to as husband and wife, in order to ward off any confusion, while appreciating the facts of the case, in view of the interplay of titles, in both the abovementioned criminal revisions having been filed against the common order.
3. Facts germane to the adjudication of the present case are that the marriage between the parties was performed on 19.04.2014. Out of their wedlock, a male child was born on 09.04.2015. In view of the differences and disputes having arisen between the husband and wife, the wife filed a petition under Section 125 of the Cr.P.C. in the Family Court, Ludhiana seeking maintenance for herself and the minor son. The Learned Family Court, Ludhiana, vide impugned order dated 29.05.2024, while disposing of the application filed by the wife for grant of interim maintenance, awarded a sum of Rs.30,000/- eac
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....
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 orders are final and enforceable, reflecting the husband's obligation to support his wife and children, irrespective of the wife's prior earnings.
Courts can grant maintenance under the Protection of Women from Domestic Violence Act while other maintenance orders exist; proper assessment of the husband's income is essential for determining just....
Grant of interim maintenance – Magistrate is required to find out what is required by wife to maintain a standard of living which is neither luxurious nor penurious but is modestly consistent with st....
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....
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