Title Miscellaneous First Appeal - Problem.docx ✅

Miscellaneous First Appeal - Problem The appellant-husband and respondent-wife were married in 2012 and a son was born out of the wedlock in 2015. Due to matrimonial disputes, the wife left the matrimonial home in 2020 and has since been living separately with the minor son. In 2021, the wife filed a petition under Section 24 of the Hindu Marriage Act, 1955 before the Family Court, Lucknow, seeking interim maintenance. The Family Court, after hearing both sides, granted her ₹10,000/- per month as interim maintenance. Subsequently, in 2022, the wife filed an application under Section 125 CrPC before the Judicial Magistrate, seeking ₹25,000/- per month for herself and the minor child, contending that the amount granted under the Hindu Marriage Act was insufficient for their sustenance. The husband opposed the application on the ground that since the wife was already being paid maintenance under Section 24 H.M. Act, the fresh application under Section 125 CrPC was not maintainable. The Magistrate, after considering the rival submissions, awarded ₹15,000/- per month under Section 125 CrPC to the wife and minor child jointly, after adjusting the amount already being paid under the Hindu Marriage Act. Aggrieved by the Magistrate’s order, the husband has preferred the present Miscellaneous First Appeal before the High Court, challenging the maintainability of the wife’s application under Section 125 CrPC and the quantum of maintenance awarded.