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PRAKASH CHANDRA GUPTA
Puneet – Appellant
Versus
Pinky – Respondent
ORDER
1. This revision petition has been preferred by the petitioner/husband being aggrieved by the impugned order dated 24.8.2023 passed by Principal Judge Family Court, Indore in MJC No.1151/ 2022 whereby the learned trial Court has partly allowed the interim maintenance application filed by the Respondent/wife and awarded Rs.25,000/- per month as interim maintenance. It is not disputed that the Respondent/wife is a legally married wife of the petitioner/husband.
2. The Respondent/wife filed an application under section 125 of Cr.P.C. before the learned trial court. She also filed an interim maintenance application stating that marriage of the Respondent was solemnized with the petitioner on 28.4.2019 as per Hindu rites and rituals. At the time of the marriage parents of the Respondent had given ornaments, cash and other articles to the petitioner as per their capacity. But after marriage, behaviour of the petitioner was not cordial with that of respondent. There was illicit relationship of the petitioner with a woman named Ranju Arora. He used to physically and mentally harass the Respondent after being intoxicated. On 10.8.2019 due to illicit relationship of the petitioner with R
The right to interim maintenance under the Hindu Marriage Act requires careful consideration of both parties' incomes and the dependent spouse's needs.
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.
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