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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Rachna – Appellant
Versus
Sunny Kapoor – Respondent
JUDGMENT :
Sumeet Goel, J.
The instant revision petition has been preferred against the order dated 02.11.2022 passed by the learned Additional Principal Judge, Family Court, Rohtak (hereinafter to be referred as 'impugned order') praying for modification of the said order and consequently enhancing the quantum of interim maintenance awarded by the said order. Vide the impugned order; the petitioners (herein) have been awarded interim maintenance at the rate of Rs.8,000/- per month to petitioner No.1-wife from the date of petition till 15.06.2020 and Rs.4,000/- per month to petitioner No.2-minor daughter from the date of petition till final decision alongwith litigation expenses to the tune of Rs.11,000/-. The petitioners (herein) had filed a petition, under Section 125 of Cr.P.C., 1973 before the Family Court, stating that they are the wife and minor daughter, respectively, 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)
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....
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 must balance the wife's needs with the husband's financial obligations, considering both parties' incomes.
The husband has a legal obligation to maintain his wife and children, regardless of the wife's income, and interim maintenance is provisional, subject to final determination.
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.
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