SANKAR Vs. SEETHALAXMI

JUDGEMENT

(1.) THIS revision by the husband, is directed against the order of interim maintenance passed in M. C. No. 18 of 1994, on the file of family Court, Madurai , dated 29. 9. 1994, directing the petitioner/husband to pay interim maintenance of rs. 500 p. m. , and to deposit a sum of Rs. 2,000 within one week towards arrears of maintenance.

(2.) LEARNED Counsel for the petitioner Mr. Doraisamy, contended that this order is not valid in law, in view of the fact that sec. 125, Crl. P. C, does not contemplate anything about interim maintenance and that the order of maintenance could be passed, only on proof of the husband neglecting the wife, and the wife is unable to maintain herself, and since admittedly, there was no enquiry, the order directing interim maintenance could not be held to be valid in law, and as such, the same is to be dismissed.

(3.) IT is brought to my notice by learned counsel for the petitioner, that during the pendency of this revision, the petitioner/ husband had paid a sum of Rs. 300 p. m. Considering the said submission, the order of family Court, granting interim maintenance at Rs. 500 p. m. is modified into rs. 300 p. m.