In CRR(F)- 617 of 2022(O&M)-PUNJ HC- Family Court can look into changed facts before coming to conclusion: P&H HC asks Family Court to determine amount of final maintenance after considering wife’s changed circumstances
Justice Jagmohan Bansal [27-02-2023]

Read Order: SARABJOT KAUR Vs PARDEEP SINGH

LE Correspondent

Chandigarh, March 7, 2023: While considering a case where the petitioner-wife was seeking modification of an order of the Family Court, the Punjab and Haryana High Court has observed that in  view of the fact that petitioner was not awarded interim maintenance, the Family Court should thus determine the amount of final maintenance after considering change in facts and circumstances, as alleged by the petitioner.

The petitioner, through the instant petition was seeking modification of order dated May 11, 2022 whereby Principal Judge Family Court, Jalandhar had dismissed application of the petitioner seeking interim maintenance. Justice Jagmohan Bansal disposed of the instant petition by observing that this Court, at this stage, cannot grant interim maintenance considering the alleged changed status of the petitioner.

The petitioner, through the instant petition was seeking modification of order dated May 11, 2022 whereby Principal Judge Family Court, Jalandhar has dismissed application of the petitioner seeking interim maintenance. 

It was the case of the petitioner that at the time of filing affidavit before the Family Court, the petitioner was having a job as a Billing Clerk and she was getting Rs. 7000 per month, however, she had lost her job and at present she had  no source of income. The respondent was running a business of sale and purchase of garments in the heart of the city and  was earning more than Rs. 30,000 per month.  In view of the same, it was contended that the Family Court did not grant even single penny to the petitioner which would drive her to destitution and vagrancy. 

After considering the submissions, the Court stated  that from  perusal of order passed by Family Court, it was quite evident that petitioner in her affidavit had stated that her monthly income is Rs. 7000. As per the petitioner, the situation changed because she  lost her employment. 

There was  no documentary evidence of income of respondent though the petitioner was  claiming that husband of the petitioner was  earning more than Rs. 30,000 per month as he was running business of trading of garments in the heart of the city, the Court noted. 

In furtherance of the same, the Court noted that the Family Court passed an interim order and this Court, at this stage, cannot grant interim maintenance considering alleged changed status of the petitioner.

“It is the Family Court which can look into the facts and circumstances or changed facts and circumstances before coming to a conclusion in one or another way”, the Court further remarked. 

Thus, this Court observed that in  view of the fact that petitioner was not awarded interim maintenance, the Family Court was thus  requested to determine amount of final maintenance after considering change in facts and circumstances, as alleged by the petitioner.

The petition was accordingly disposed of.