ABY JOHN Vs. SHERLY THOMAS

JUDGEMENT

(1.) Against the petitioner, an interim direction for payment of maintenance under Section 125 Cr.P.C has been passed by the learned Judge of the Family Court (copy of that order is produced as Ext.P4). It reads as follows:

(2.) The grievance of the petitioner raised in this Criminal Miscellaneous Case is that inspite of the fact that he had offered to maintain the wife on condition that she lives with him, the learned Judge of the Family Court had not at all adverted to that aspect. The learned counsel for the petitioner relies on Section 125(4) Cr.P.C, which extract below:

(3.) Whether it be a claim for maintenance or interim maintenance, the Family Court is bound to consider whether the refusal of the wife to live with the husband is justified or not. A prima facie consideration on the basis of materials available must certainly be undertaken even when the direction is to pay interim maintenance. The impugned order extracted above does not at all show that the learned Judge of the Family Court had pointedly considered this aspect of the matter.