Anushka Sharma –
Published On: October 25, 2021 at 14:00 IST
The Delhi High Court ruled that the amount of maintenance awarded by a Family Court must be practical and reasonable, and that the order issued by such Courts must be clear and well-reasoned, reflecting the facts, controversy, and rationale behind its decision.
The goal of giving Interim or Permanent Maintenance to a spouse, according to Justice Vipin Sanghi and Justice Jasmeet Singh, is to guarantee that they are not financially disadvantaged as a result of their marriage’s breakdown.
The Bench stated, “After an order is passed, it should be clear as to what were the facts of the case, what was controversy that arose in the matter and ultimately the reasoning due to which the Court came to its conclusion and decision.”
The Court was hearing an Appeal from a wife who was contesting a Family Court ruling that denied her Plea under Section 24 of the Hindu Marriage Act, 1955.
The Family Court had ordered that the Appellant’s wife be paid Rs. 30,000 per month in maintenance and that the two minor children, aged 8 and 12, be paid Rs. 15,000 per month each. The Defendant-monthly husband’s earnings were estimated to be Rs. 4,00,000/-.
The Court also stated that in the meanwhile, the Respondent shall pay not only the support ordered by the Family Court, but also the children’s complete school fees.
Also Read: A brief study on Maintenance to wife
Landmark Judgements on Maintenance of Children
SC Guidelines on Maintenance and Landmark Judgements