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SAUMITRA DAYAL SINGH, VINOD DIWAKAR
Sunil Kumar Singh – Appellant
Versus
Seema Singh – Respondent
| Table of Content |
|---|
| 1. interim maintenance awarded under family courts act (Para 2) |
| 2. arguments regarding maintenance claims and payments (Para 3 , 4) |
| 3. court's reasoning against interference in the lower court's decision (Para 5 , 7 , 8) |
| 4. maintenance aims to prevent destitution; varying claims considered. (Para 6) |
| 5. restrictions on dual interim maintenance payment (Para 9) |
| 6. instructions for payment of arrears and their enforcement (Para 10 , 11 , 12 , 13 , 14) |
JUDGMENT
Heard Shri. Vinod Singh, learned counsel for the appellant and perused the record.
2. Present appeal has been filed under section 19 of the FAMILY COURTS ACT , 1984, arising from the order dated 25.08.2023 passed by learned Additional Principal Judge, Family Court, Varanasi in Hindu Marriage Petition No. 22 of 2017 (Sunil Kumar Singh v. Seema Singh) referable to section 24 of HINDU MARRIAGE ACT , 1955 (hereinafter referred to as 'the Act'). The learned court below has awarded interim maintenance @ 8000/- per month to the respondent, and further Rs. 5000/- per month to her minor son from the date of her application i.e. 24.9.2019 and has further provided for one time legal expense Rs. 5000/-.
3. Submission of learned cou
Maintenance in divorce cases aims to prevent destitution of a non-earning spouse and minor child, emphasizing the need for dignity and financial support during prolonged matrimonial disputes.
A husband's financial liabilities may be considered in determining maintenance, but he must still ensure reasonable support for a dependent spouse and child.
Award of interim maintenance to daughter – Christian daughter is entitled to claim maintenance – In absence of any express bar or prohibition, Section 125 of Cr.P.C. could be interpreted as conferrin....
Point of Law : Section 125(1)(b) of Code an unmarried daughter who has physical or mental abnormality or injury whereby unable to maintain herself alone can claim maintenance.
Interim maintenance must reflect the child's needs and not be undermined by the parent's personal liabilities; both parents contribute to the child's welfare.
The main legal point established in the judgment is the application of Section 24 of HMA for the determination of interim maintenance, considering the parties' financial circumstances and any change ....
The purpose of maintenance under Section 125 of Cr.P.C is to prevent destitution and vagrancy, and the entitlement to maintenance is not solely based on the actions of the parties involved.
The main legal point established in the judgment is the need to consider the income of the parties and the paying capacity of the non-applicant when deciding the quantum of interim maintenance under ....
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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