Code of Criminal Procedure, 1973:
s. 125 – Interim maintenance – For wife and minor child –
Awarded by Family Court – Affirmed by High Court – Appeal to
Supreme Court – Held: Orders passed by Courts below affirmed –
Husband is directed to pay entire arrears of maintenance and to
continue to comply with the same, during the pendency of the
proceedings u/s. 125.
Family Laws:
Maintenance/ interim maintenance – Maintenance laws have
been enacted as a measure of social justice which fall within
constitutional sweep of Art. 15(3) reinforced by Art. 39 of the
Constitution – Guidelines framed in exercise of power u/Art. 142 –
On the issues of maintenance which would cover overlapping
jurisdictions under different enactments for payment of maintenance;
payment of interim maintenance; criteria for determining quantum
of maintenance; the date from which the maintenance is to be
awarded and enforcement of orders of maintenance – Constitution
of India – Arts. 15(3), 39 and 142 – Code of Criminal Procedure,
1973 – Special Marriage Act, 1954 – Hindu Marriage Act, 1955 –
Hindu Adoptions and Maintenance Act, 1956 – Protection of Women
from Domestic Violence Act, 2005.