PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Chander Kant – Appellant
Versus
Neetu Kumari – Respondent
JUDGMENT :
Sumeet Goel, J.
Present revision petition has been preferred against the order 12.2023 passed by the Principal Judge, Family Court, Bhiwani Camp Court at Loharu (hereinafter to be referred as the 'concerned Family raying for setting-aside of the said order. Vide the impugned order; the respondents (herein) have been awarded interim maintenance at the rate 000/- per month (i.e. Rs.5,000/- per month to respondent No.1-wife 000/- per month to respondent No.2-minor son) to be paid by the (herein) from the date of application till final disposal.
2. Learned counsel for the petitioner has argued that the learned court, while determining the quantum of interim maintenance, has presumption while assessing the income of the petitioner. Learned has further argued that considering the modest income of the , he is unable to pay the excessive amount of maintenance granted family Court. Learned counsel has further argued that the Family overlooked the fact that the respondent-wife, is doing the work of embroidery, sewing and stitching and earning handsomely. Learned counsel has further submitted that the respondent-wife has refused to live with the petitioner without any justifiable caus
Interim maintenance is provisional and based on estimations, requiring financial disclosures to ensure fair assessment and prevent misrepresentation.
Interim maintenance under Section 125 must balance the wife's needs with the husband's financial obligations, considering both parties' incomes.
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 ....
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....
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