RAVINDRA MAITHANI
Kshitiz Kumar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Ravindra Maithani, J.) :
The challenge in this revision is made to the order of interim maintenance dated 12.12.2023, passed in Misc. Criminal Case No. 190 of 2023, Smt. Sugandha Malhotra Vs. Kshitiz Kumar, by the court of Family Judge, Haldwani, District Nainnital (“the case”). By the impugned order, while allowing the interim maintenance application filed by the respondent no.2, the revisionist has been directed to pay Rs. 19,000/- per month interim maintenance to the respondent no.2, Sugandha Malhotra.
2. Heard learned counsel for the parties and perused the record.
3. It appears that the respondent no.2 filed an application seeking maintenance from the revisionist. According to her, she and the revisionist were married on 24.04.2022, but she has been expelled from her matrimonial house; she is not able to maintain herself, whereas, the revisionist earns Rs. 3 Lakhs per month.
4. In the case, an application for interim relief was also filed by the respondent no.2. The revisionist filed objections. According to him, the respondent no.2 was never treated with cruelty; no marpeet was done with her. It is she, who left the matrimonial house on 27.10.2022 along with her
Interim maintenance is granted based on the inability of one spouse to maintain themselves, considering the income of the other spouse.
A higher-earning spouse has a legal obligation to provide maintenance to a lower-earning or non-earning spouse under Section 125 of the Code, regardless of the latter's qualifications.
A Family Court must evaluate the financial circumstances of both parties when adjudicating applications for interim maintenance, applying discretion based on compelling needs and income levels.
Concealment of assets by a claimant can significantly impact their entitlement to maintenance under family law.
A spouse's inability to maintain themselves can justify an award of interim maintenance under Section 125 of the Code of Criminal Procedure, considering the income of the other spouse.
Interim maintenance under Section 125 is essential for immediate support, and the court must consider the financial capacity of the parties without making conclusive findings on the merits.
The court established that under Section 125 of the Code of Criminal Procedure, a wife who is unable to maintain herself is entitled to interim maintenance from her husband, especially when there is ....
A wife's earning does not preclude her from receiving maintenance; courts must assess the overall financial situation and standard of living.
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