SAJEEBKHAN Vs. JASMINE

JUDGEMENT

(1.) THE petitioner herein is the respondent in M.C No. 264 of 2010 before the Family Court, Trivandrum, where his wife seeks maintenance for her and the minor child under Section 125 of the Code of Criminal Procedure. Along with the main proceedings, his wife filed I.A No. 521 of 2012 for interim maintenance. After hearing both sides, the learned Judge of the Family Court passed orders on 22.11.2012 in I.A No. 521 of 2012 directing the petitioner to pay maintenance to his wife at the rate of 2000/ - per month and to the minor child at the rate of 1500/ - per month. The said order is sought to be set aside under Section 482 of the Code of Criminal Procedure, on the ground that the petitioner in the trial court is not entitled to get maintenance under Section 125 of the Code of Criminal Procedure, for the reason that she is a divorced lady.

(2.) IN spite of notice, the 1st respondent herein who obtained interim order for maintenance, did not turn up to contest this matter.