SANCHAL Vs. NINTU

JUDGEMENT

(1.) Petitioner is the husband of the respondent. The former suffered an order at the hands of the family court. The order directed him to pay interim maintenance to the respondent at the monthly rate of Rs 3500/-. The said order is assailed in the present original petition.

(2.) Heard Sri.K.M.Sathyanatha Menon, the learned counsel for the petitioner.

(3.) The learned counsel for the petitioner submits that the respondent filed a petition before the family court to get the marriage annulled under Sec.19 of the Divorce Act. The counsel submits that there is an allegation in the said proceedings by the respondent that the marriage has not been consummated owing to the disinterest of the petitioner. The learned counsel submits further that in the said original petition the respondent alleged that the petitioner was a lunatic/idiot. According to the learned counsel, an application was filed before the family court in the aforesaid original petition requesting to appoint a guardian for the petitioner. I am afraid, these matters are quite irrelevant in deciding the present original petition. These are matters which may have to be gone into to dispose of the main proceedings by the family court. The mere allegation of a wife that her husband is lunatic or idiot will not make him a lunatic or idiot. I am unable to agree with the learned counsel that the impugned order is liable to be interfered with for the reasons stated by him.