RAJENDRAN FRANCIS Vs. MARY ELIZABETH ALIAS NALANDA DEVRAJ

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 18.01.2016 passed on I.A. No. 2 in Criminal Misc. No. 631/2014, which is impugned at Annexure "G" to the petition.

(2.) The petitioner is the husband of the respondent. The relationship between the parties is not in dispute. However, due to certain disputes in their married life, they have been residing separately and in that context the respondent herein claiming that the petitioner herein has failed to maintain her, has filed the petition before the Court below under Section 125 of the Criminal Procedure Code. In the said proceedings the respondent has also filed an application in I.A. No. 2 seeking interim maintenance of Rs.14,000/- per month. The application was opposed by the petitioner herein. The Court below after taking note of the rival contentions has through the order dated 18.01.2016 granted interim maintenance at Rs.5,000/- per month. The petitioner claiming to be aggrieved is before this Court in this petition.

(3.) The learned counsel for the petitioner, while assailing the order passed by the Court below would contend that the respondent in her petition filed before the Court below itself has admitted to the fact that she was employed as a teacher and in that circumstance when the respondent was in a position to earn and maintain herself, the Court below ought not to have ordered maintenance in the manner as has been done. It is in that light contended that the Court below has committed an error in granting the interim maintenance. The petitioner would establish that the respondent has sufficient income through the evidence that would be tendered before the Court below when the petition is taken up for consideration on the main petition and in that light it is contended that the maintenance as ordered is not justified.