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PRAKASH CHANDRA GUPTA
Mahima – Appellant
Versus
Ved Prakash Patel – Respondent
ORDER
1. This revision petition u/S 19(4) of the Family Courts Act has been filed by the petitioner/wife being aggrieved by the order dated 22.8.2023 passed by I Additional Principal Judge, Family Court Indore in MJC No.1443/2021, whereby the learned trial Court has partly allowed interim maintenance application filed by the petitioner/wife and awarded her Rs.3,500/- per month from 25.4.2023.
2. It is admitted fact that the petitioner/wife and respondent/husband got married on 22.4.2021 as per Hindu rites and rituals. It is also admitted fact that the respondent/husband is working in Indian Railway as an Assistant Loco Pilot.
3. The petitioner/wife has filed an application for maintenance u/S 125 of Cr.P.C., and has also filed an application for interim maintenance stating that after marriage, she used to live with respondent/husband at her matrimonial house. Thereafter, her husband started to harass her physically and mentally, in furtherance of demand of dowry of Rs.50,00,000/- and a Creta car and for other domestic reasons as well. In furtherance of the aforesaid, the respondent had deserted petitioner/wife. Since 21.6.2021, she has been living at her maternal house. On 13.10.2021,
Interim maintenance – For the purposes of grant of interim maintenance, petitioner-wife cannot be presumed to be earning or being capable of maintaining herself.
A wife's earning does not preclude her from receiving maintenance; courts must assess the overall financial situation and standard of living.
A husband's financial liabilities may be considered in determining maintenance, but he must still ensure reasonable support for a dependent spouse and child.
Interim maintenance under Section 125 must balance the wife's needs with the husband's financial obligations, considering both parties' incomes.
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