DINESAN K U Vs. PREETHI C S

JUDGEMENT

(1.) THE spouses are the parties. Claim for maintenance under Sec.125 Cr.P.C. has been pending before the Family Court, Ernakulam from 2009. An application for interim maintenance was also filed. THE same was also pending from 24/9/09.

(2.) MARRIAGE is admitted. The contention raised is that on disposal of an item of property belonging to the husband, a lump sum amount has been paid to the wife. No documents were produced to support that plea. There is no contention that the wife is employed or has any independent source of income. The wife asserted that the husband has employment and income. The husband denied the same. In these circumstances, the court below proceeded to issue the impugned direction to pay interim maintenance at the rate of Rs.1,500/- per mensem with effect from 24/9/09 i.e., the date of petition.

(3.) THIS petition is accordingly dismissed.