(1.) On an application filed by Dilruba (respondent herein) for grant of interim maintenance allowance, learned Additional Judge, Family Court, Roorkee passed the order on 06.05.2010. The application for grant of interim maintenance was allowed. Opposite party Dilshad (applicant herein) was directed to pay Rs. 500/- per month as interim maintenance allowance to Smt. Dilruba. Aggrieved against the impugned judgment and order dated 06.05.2010, present application under Section 482 Cr.P.C. was moved.
(2.) Notice was issued to the respondent, but none appeared for her despite service of notice. No counter affidavit is filed on her behalf either. In other words, the contents of the application under Section 482 Cr.P.C. remained un-rebutted.
(3.) The sole contention of the learned counsel for the applicant is that the respondent is living in adultery with Talib. A plea to this effect was taken by the applicant in his written statement. It was also pleaded that Dilruba liked Talib and eloped with him. Dilruba also filed a case of divorce against Dilshad.