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RAJIV SHAKDHER, AMIT BANSAL
Parvin Kumar Jain – Appellant
Versus
Anju Jain – Respondent
JUDGMENT
Amit Bansal, J.— Preface
Both the appeals arise out of the same impugned judgment dated 16th August, 2018. Via the impugned judgment, the learned Principal Judge, Family Courts, Tis Hazari Courts, Delhi (‘Family Court’) disposed of an application filed byMrs Anju Jain (‘Wife’) under Sections 24 and 26 of Hindu Marriage Act, 1956 (‘HMA’) seeking enhancement of interim maintenance granted earlier.
2. MAT.APP.(F.C.) 226/2018, has been filed by Mr Parvin Kumar Jain (‘Husband’) seeking setting aside of the impugned judgment, whereas MAT.APP. (F.C.) 120/2019, has been filed by theWife seeking enhancement of the interim maintenance granted by the Family Court.
3. The Family Court, vide the impugned judgment, directed the Husband to pay the following amounts:-
(i) Rs. 1,15,000/- per month as pendente lite maintenance to the Wife and the son of the parties from the date of filing the application for enhancement of maintenance i.e. 28th February, 2009 to 14th July, 2016, the date when the divorce petition was withdrawn by the Husband.
(ii) Rs.35,000/- per month to the son of the parties from 15th July, 2016 till the time he attains the age of 26 years or becomes financially indep
(1) Enhancement of interim maintenance – Family Court does not become functus officio after withdrawal of divorce petition and it can decide applications filed under Sections 24 and 26 of HMA, 1955 e....
The wife is entitled to an enhancement of maintenance based on the husband's income and the wife's financial situation. The court emphasizes the need for timely disposal of maintenance applications a....
Interim maintenance – Sustenance of a woman does not and cannot mean mere survival – A woman, who is constrained to leave matrimonial house should not be allowed to feel that she has fallen from grac....
(1) A dead marriage can be dissolved by Supreme Court by exercising discretionary power under Article 142 of Constitution.(2) Permanent alimony – Amount of permanent alimony should not penalize husba....
The main legal point established in the judgment is the interpretation of Section 125 Cr.P.C. and the determination of the quantum of maintenance, emphasizing the husband's obligation to maintain his....
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 main legal point established in the judgment is the obligation of the husband to maintain his wife, considering his financial capacity and the wife's need for support, as provided under the Hindu....
Interim maintenance orders are final and enforceable, reflecting the husband's obligation to support his wife and children, irrespective of the wife's prior earnings.
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