Reduction of interim maintainence

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Author : nitish788
Published on : December 24, 2016


  
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Advocate Nitish Banka nitish@lexspeak.in

Interim Maintenance Reduced Judgments

Here are some judgments in which the Interim Maintenance was reduced-:
Mohd. Zafarullah Khan vs Yasmeen Khan And Ors. on 3 November, 1989
Now on facts, the wife is working as a beautician and earning something. So far as the minor daughters are concerned, the petitioner has earned a huge amount staying in foreign countries and it is not difficult for him to pay at least Rs. 500/- per month to each of his daughters according to the status of the minor daughters which they enjoyed prior to the separation of their parents.

It is the common ground of the wife that the husband is screening the properties while the husband pleads that he has to maintain his old parents and unmarried brothers and sisters. Having regard to the facts and circumstances of this case and considering the potentialities and status of the parties, I think Rs. 500/-per month each to respondents 2 and 3 would be the reasonable amount towards their maintenance pending disposal of the suit.

The order of the lower Court granting Rs. 2.000/- per month to the 1st respondent herein for a period of 3 months i.e., Iddat period as interim maintenance, is set aside as the same has to be determined after a full dressed trial at the time of the final disposal of the suit. The interim maintenance granted to respondents 2 and 3 is reduced to Rs. 500/-per month each.

K.Gopalram vs A.Muthumari on 22 August, 2011
11.In the facts and circumstances of the case and arguments advanced by the learned counsels on either side and on perusing the impugned order of the learned Judge, this court is of the considered opinion that the maintenance amount of Rs.3,000/- granted by the trial Court without ascertaining the income of the petitioner is not justified. Further, the learned Judge awarded Rs.15,000/- as litigation expenditure, which is also on the higher side. As per counter statement filed by the revision petitioner it has evident that he is earning Rs.6000/- per month. Therefore, this court grants a sum of Rs.2000/- as monthly maintenance to the respondent/wife payable by the revision petitioner from date of interim maintenance application i.e., 02.06.2010 till date. Further, this court reduces the litigation expenditure payable to the respondent/wife from Rs.15,000/- to Rs.7,000/-. The said amount shall be paid by the revision petitioner within a period of one month from date of receipt of this order, as this is found to be fair and justifiable. This court further directs the learned Subordinate Judge, Karur to dispose of the H.M.O.P.Nos.129 and 139 of 2009 within a period of three months from the date of receipt of this order, without being influenced by the discussions of this court.

Sivankutty vs S. Komalakumari And Ors. on 29 February, 1988
The evidence in the case shows that the husband has got only a monthly income of Rs. 623/-. The Court has awarded Rs. 300/-as interim maintenance to the wife and child. I feel, in the circumstances, the husband should not be compelled to pay an amount of Rs. 300/- as interim maintenance. I reduce the same to Rs. 250/- — Rs. 150/- to the wife and Rs. 100/- to the child.