HC on Family Maintenance: Mere Rs 4,000 Interim Maintenance Awarded to Wife, Her Two Daughters Not Enough for Their Sustenance, Says Calcutta High Court

The Calcutta High Court recently observed that interim maintenance of Rs 4,000 per month awarded to a man's wife and his two daughters is not reasonable and enough for their sustenance. The magistrate had awarded the interim maintenance for a wife and her two daughters. The single bench of Justice Shampa Dutt Paul was hearing a case against the magistrate's order, which rejected the wife's plea for enhancement of interim maintenance under section 127 of CrPC as "premature" due to the pendency of their application for maintenance under section 125 of CrPC. Although the High Court refused to interfere with the magistrate’s order, the Bench directed the trial court to dispose of the 125 CrPC application within a period of three months. "It was in no way logical to grant such a low amount as interim maintenance for 3 persons and leave the balance for the husband. Of course at the time of final disposal of the case, all factors have to be taken into consideration by the learned Magistrate, but an amount of Rs. 4000/- for three persons is just not reasonable," the bench stated. HC on First Wife's Maintenance: Husband Entitled for Second Marriage Under Personal Law Is Duty-Bound to Maintain His First Wife, Says Calcutta High Court.

HC on Wife's Maintenance

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