Interim child maintenance was reduced to ₹7,000 monthly, with annual educational expenses payable separately.

In pending proceedings in Crl. Misc. No. 409/2022, the wife sought interim maintenance of ₹20,000 per month for herself and ₹15,000 per month for the minor child.

The Family Court awarded the child ₹12,000 per month from the date of the application and directed the father to pay ₹1,00,000 per annum towards educational expenses from 2022 until disposal of the proceedings, while rejecting the wife’s maintenance claim.

The father challenged the monthly award under Article 227, contending that he had no current source of income and could not afford it; he did not dispute the educational-expense direction.

The wife’s counsel stated that she earned approximately ₹20,000 per month and that the child’s transport costs alone were ₹80,000 per annum.

The High Court noted that no material supported the asserted transport costs and that the Family Court had not discussed the parties’ financial circumstances.

The petition invoked the High Court’s supervisory jurisdiction under Article 227 of the Constitution of India.

The judgment identifies no specific statutory provision or precedent governing interim maintenance.

Its reasoning applies the principle that the interim amount should be assessed with regard to the child’s needs and the parties’ financial circumstances; the court also considered the evidentiary basis for claimed expenses.

The Family Court had awarded maintenance without discussing the parties’ financial status, and the High Court found no supporting material for the claim that the child’s transportation cost ₹80,000 per annum.

The father accepted responsibility for the child and agreed to continue paying ₹1,00,000 per annum towards educational expenses, but maintained that his financial position did not permit payment of ₹12,000 per month.

Considering those circumstances, the High Court held that reducing the monthly interim maintenance to ₹7,000 would serve the purpose and make the order justifiable, while leaving the educational-expense direction intact.

It directed the father to pay the child ₹7,000 per month as interim maintenance from the date of filing IA No. II until disposal of Crl. Misc. No. 409/2022, and affirmed the direction to pay ₹1,00,000 per annum towards educational expenses from 2022 until disposal.

Arrears were ordered to be cleared within eight weeks.