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Amit Mahajan, J
Arun Kumar – Appellant
Versus
Sarla – Respondent
| Table of Content |
|---|
| 1. factual background and the family court's initial award of interim maintenance. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. summary of rival contentions regarding the maintenance entitlement of a major daughter. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. jurisdictional power of the family court to grant maintenance under hama act to prevent multiplicity of proceedings. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. final endorsement of the maintenance quantum and refusal to interfere with interim orders. (Para 24 , 25 , 26 , 27 , 28) |
1. The present petition is filed under Section 397 of the Code of Criminal Procedure, 1973 (‘CrPC’) read with Section 482 of the CrPC to set aside the order dated 13.01.2023 (hereafter ‘impugned order’) in MT No. 152/2022 passed by the learned Family Court, Karkardooma Courts, Delhi whereby the learned Family Court awarded a sum of ₹45,000/- per month as interim maintenance to the respondents.
2. The marriage between the petitioner and Respondent No.1 was solemnized on 04.03.2001 and two children were born out of the wedlock, who are in the custody of Respondent No.1.
3. Respondent No.1 (wife of the petitioner) and Respondent No.2 (daughter
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