MOHAMMED ANISULHAQ Vs. ASMA ANJUM

JUDGEMENT

(1.) By this writ petition filed under Article 227 of Constitution of India, the petitioner husband has challenged the order dated 01.10.2009 passed by Family Court No. 4, Nagpur in Petition No. A889/ 2008 below Exh. 16, directing him to pay interim maintenance of Rs.2,500/per month to the respondent wife from 15.07.2009. The matter was initially presented as Criminal Revision Application under Section 397 read with Section 482 of Criminal Procedure Code and on 04.03.2010, it has been converted into a Writ Petition under Article 227 of Constitution of India.

(2.) Looking to the nature of the controversy, Shri Qureshi, learned counsel for the petitioner husband and Shri Shams, learned counsel for the respondent wife, requested that the matter should be taken up for final hearing. Accordingly, the parties have been heard by making rule returnable forthwith.

(3.) The marriage between the parties was solemnized at Nagpur as per Islamic Law on 22.12.2006. The respondent wife has filed Petition No. A889/ 2008 before Family Court No.4, Nagpur under Section 281 of Mohammedan Law for restitution of conjugal rights. The petitioner in his reply raised preliminary objection and contended that he has pronounced Talaq on 09.04.2009 in front of two witnesses and hence the parties are no longer husband and wife. The petition for restitution of conjugal rights was, therefore, not maintainable. In those proceedings, wife filed application for grant of interim maintenance and husband filed his reply to the same, raising same objection as preliminary objection. The Judge, Family Court No. 4, Nagpur, after hearing parties, has found that the husband was required to prove factum of divorce and mere assertion in written statement and reply cannot defeat wife's claim for interim maintenance. Accordingly interim maintenance of Rs.2,500/per month is granted to Respondent wife on 01.10.2009 w.e.f. 15.07.2009.