Facts
The wife, aged 71, applied to the Family Court for maintenance, stating that her husband, aged 75 and a retired Veterinary Department supervisor, had left her and was receiving a pension of ₹40,000 per month.
Source reference: paras. 5–8, 11She sought interim maintenance of ₹25,000 per month, citing her age and medical needs.
Source reference: paras. 5–8, 11The husband opposed the application, asserting that the wife lived with their son in a house he had built, that he had health problems and medical expenses, and that the claim was intended to harass him.
Source reference: paras. 9–10, 12The Family Court awarded the wife interim maintenance of ₹6,000 per month, with litigation expenses, from the date of the application until disposal of the maintenance petition.
Source reference: para. 7The wife sought enhancement, while the husband sought to set aside the award.
Source reference: paras. 1–2Issues
1. Whether the interim maintenance of ₹6,000 per month should be enhanced to ₹25,000 per month on the wife’s petition.
Source reference: paras. 8, 132. Whether the Family Court’s interim maintenance order should be set aside on the husband’s petition.
Source reference: paras. 9–10, 14Law Applied
The judgment does not identify a specific statutory provision, precedent, or separately stated legal test governing interim maintenance.
Source reference: no citationThe Court assessed whether the Family Court’s interim award was reasonable on the circumstances presented, including the husband’s stated pension, the wife’s living arrangements, and the parties’ respective contentions.
Source reference: paras. 13–14Reasoning
The Court noted that the maintenance petition remained pending and treated the challenged award as an interim determination.
Source reference: para. 13In considering the wife’s request for enhancement, it took account of her residence with the parties’ son in a house constructed by the husband and concluded that ₹6,000 per month was reasonable at that stage.
Source reference: para. 13In considering the husband’s challenge, the Court observed that he was stated to receive a pension of ₹40,000 per month, and found that his grounds for setting aside the award were unsustainable.
Source reference: para. 14It did not finally determine the parties’ maintenance claims on their merits.
Source reference: no citationHolding
The Court dismissed both writ petitions and confirmed the Family Court’s order dated 9 April 2025 granting the wife interim maintenance of ₹6,000 per month, together with litigation expenses, from the date of her application until disposal of the maintenance petition.
Original Court PDF
BASALINGAPPA ALIAS BASAPPA S/O NIJALINGAPPA KANNUR ALIAS PUJARvsSMT DUNDABAI W/O BASALINGAPPA ALIAS BASAPPA KANNUR ALIAS KUNNUR
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