In Brief
In this maintenance case under Section 125 CrPC, a husband challenged the High Court's order that remanded the matter to the trial court for fresh determination of his wife's maintenance after the High Court had itself found her to be his legally wedded wife. The Supreme Court held that once the High Court had established the wife's status and all relevant facts were on record, it should have fixed maintenance itself rather than remanding for further inquiry. The Court fixed the wife's maintenance at Rs.8,000 per month (plus Rs.2,000 already awarded for their minor daughter), based on the husband's monthly salary of Rs.30,000-35,000. The appeal was disposed of with the modified award totaling Rs.10,000 monthly maintenance."
The lawyer headnote and full judgment text are available to registered users.