AZEEF C. A. Vs. YASMIN AZEEF

JUDGEMENT

(1.) An order of interim maintenance directed to be paid to the wife and three minor children has been challenged by the husband in this original petition filed under Article 227 of the Constitution of India. As per the impugned order, petitioner has been directed to pay an interim monthly maintenance of Rs.3,500.00 to his wife and Rs.2,500.00 each to his minor children.

(2.) Sri. K.R.Vinod, the learned counsel for the petitioner, vehemently contended that the impugned order has been issued without granting an opportunity to the petitioner to file an objection and also without considering the contentions available to him. It was also submitted that petitioner is no longer employed and has no means to raise the amount of interim maintenance directed by the Court. Though the petitioner has already paid the interim maintenance as directed by the court till date, without fail, his financial condition does not enable him to pay the amount hereafter, hence this challenge.

(3.) Sec. 125 of Cr.P.C provides for a summary remedy for the payment of a monthly allowance as maintenance for wife and minor children who are unable to maintain themselves. The second proviso to sec. 125 was inserted in 2001, providing for the payment of interim maintenance. As per the aforesaid proviso the Magistrate has to fix the quantum of interim maintenance at a rate which he considers reasonable. There is no provision for an appeal against such an order of interim maintenance.