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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Gagandeep Kaur – Appellant
Versus
Avtar Singh – Respondent
JUDGMENT :
Sumeet Goel, J.
Vide this common order, the afore-said two revision petitions arising out of the common impugned order are being disposed off. For the sake of brevity, recitals/facts are being taken from CRR(F)-215 -2024.
1. The instant revision petition has been preferred against the order dated 11.10.2023 passed by the Principal Judge, Family Court, Mansa (hereinafter to be referred as 'impugned order') praying for modification/setting-aside of the quantum of interim maintenance awarded by the said order. Vide the impugned order; the petitioners (wife and minor son) have been awarded interim maintenance at the rate of Rs.22,000/- per month (i.e. Rs.12,000/- per month to petitioner No.1-wife and Rs.10,000/-per month to petitioner No.2 (minor son) from the date of the application. The petitioners (wife and minor son) had filed a petition, under Section 125 of Cr.P.C., 1973 before the Family Court, stating that they are the wife and minor son, respectively, of the respondent (husband) and are unable to maintain themselves and hence the interim maintenance ought to be awarded to them.
2. Learned senior counsel appearing for the petitioner-wife has iterated that the Family Cour
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....
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 father's obligation to maintain his child is paramount and cannot be negated by the mother's financial status, emphasizing shared parental duties.
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