PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Rajni – Appellant
Versus
Jaswant Singh – Respondent
JUDGMENT :
Sumeet Goel, J.
Present revision petition has been preferred against the order dated 07.07.2023 passed by the Principal Judge, Family Court, Sirsa (hereinafter to be referred as the 'concerned Family Court') praying for modification of the said order and consequently enhancing the quantum of interim maintenance awarded by the said order. The petitioner-wife filed a petition under Section 125 of Cr.P.C., 1973, seeking grant of maintenance allowance against the respondent-husband. Vide the impugned order; the petitioners (herein) have been awarded interim maintenance at the rate of Rs.10,000/- per month (i.e. Rs.4,000/- per month to petitioner No.1-wife and Rs.3,000/- per month each to respondent Nos.2 and 3 - minor children) to be paid by the respondent (herein) from the date of passing of the judgment i.e. 07.07.2023.
2. Learned counsel appearing for the petitioner has iterated that the learned Family Court has erred in determining the quantum of interim maintenance awarded to the petitioner (herein) insofar as the income of the respondent is concerned. It has been further iterated that the respondent is serving in ITBP and is earning handsomely. It has been further argued
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 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 court established that a husband's obligation to maintain his wife and children is paramount, and only statutory deductions from income are permissible in determining maintenance amounts.
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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