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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SHALINI SINGH NAGPAL
Ashok Kumar – Appellant
Versus
Veena Rani – Respondent
JUDGMENT :
Shalini Singh Nagpal, J. (Oral)
1. This common order determines two revision petitions captioned above, both challenging order dated 13.12.2022 of learned Additional Principal Judge, Family Court, Ludhiana, (Camp Court at Payal), deciding the petition under section 127 Cr.P.C. Revisionist in CRR(F)-1036-2024, is seeking modification of the impugned order by enhancement of maintenance allowance to Rs. 20,000/- per month, while the revisionist in CRR(F)-449-2023 prays that the impugned order be set aside.
2. For better appreciation and clarity, the parties shall be referred to as husband and wife.
3. The facts, relevant for disposal of the matters, are that the parties were married on 04.04.1984 according to Hindu Rites and Ceremonies and out of the wedlock, a son Harvinderpal Singh was born. The wife and the minor child filed an application under Section 125 Cr.P.C. in the Court of learned Judicial Magistrate Ist Class, Ludhiana, which was decided on 05.03.1999 and maintenance allowance of Rs. 400/- per month was assessed for the wife and Rs. 300/- for the minor child. On 16.05.2003, the wife and the child filed an application under Section 127 Cr.P.C. for enhancement of main
The main legal point established in the judgment is that the quantum of maintenance must be determined based on the financial status of the parties, the reasonable needs of the dependant spouse and c....
Enhancement of maintenance must align with the changing income and circumstances of the parties, recognizing the financial dependency of a spouse irrespective of their qualifications and parental sup....
The court emphasized the husband’s duty to maintain an adequate standard of living for his ex-wife and child, reflective of his income and their necessities.
Point of law: Grant of interim maintenance – Determination of quantum of maintenance – Justified
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
(1) Income of spouse is one of prime considerations for determination of maintenance allowance to wife and children.(2) Husband cannot be permitted to ignore his responsibility for maintaining his di....
The main legal point established in the judgment is the obligation of the husband to provide adequate financial support to his wife and children, considering their reasonable needs and the standard o....
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