Hindu Marriage Act, 1955
Section 24—Interim maintenance—Family Court directed appellant-husband to pay maintenance of Rs. 50,000 to respondent-wife and children and also directed to pay rent, electricity, water, grocery bills as well as educational expenses of both the children—Appeal—While deciding the quantum of interim maintenance, the courts are required to go into the financial status, income and expenditures of both the parties—Only a prima facie view of income and liabilities of the parties have to be taken—Spouse is liable to maintain the other spouse and children, however, equity shall be maintained only if one is directed to pay interim maintenance to his/her capacity—Failure of trial court to note the assertion of appellant that the printing press business was closed in the year 2016—Income of appellant which could have been taken by the trial court is Rs. 2,31,000 (before payment of tax etc.) and has been in error to hold that appellant is additionally earning Rs. 1.5 lacs from his printing business—Besides maintaining his wife and children, the appellant has to bear his own expenses and meet his liabilities and also has to take care of his old aged ailing mother, who is fully dependent upon him—Appellant-husband directed to pay fixed interim maintenance of Rs. 50,000 per month to his wife and younger child (son)—In addition, the appellant is also directed to pay educational fee of the younger child/son of the parties, which shall be directly remitted to Institute/College where he is studying—Impugned order modified.
[Paras 29 to 37]