USHA BAGHEL Vs. B B SINGH

JUDGEMENT

(1.) THIS is an application filed by the wife and daughter of the non-applicant against him challenging the rejection of their application for interim maintenance by the Judicial Magistrate, First Class, Indore. The learned Magistrate has held that there is no case for interim maintenance and rejected their application.

(2.) SHRI S. A. Mev, learned Counsel for the applicants submits that the learned Magistrate did not appreciate the material placed before her for grant of maintenance. Shri S. K. Sharma, learned Counsel for the non-applicant submits that the non-applicant had offered to take into his custody the daughter, who is five years of age and was also willing to take back his wife to his home.

(3.) I have heard the learned Counsel and have also perused the record. The application was for interim maintenance and was made on the ground that the applicant No. 1 had no independent source of income to maintain herself and applicant No. 2 her daughter. It was also alleged that the non-applicant had an income of Rs. 4000/- per month and could easily offer Rs. 1000/- as maintenance for both the applicants. Neither in the application nor in the affidavit supporting any details about income of the applicant and her source of maintenance at present were given. In reply the non-applicant had stated that the applicant No. 1 is earning by giving tuitions and by doing stitching and knitting work. He has also offered to take the daughter applicant no 2 in his custody and to maintain her without any conditions. It has also been alleged that the applicant No. 1 is engaged in a business with the help of her brothers by borrowing a load from a Nationalised Bank. It has further been alleged in the reply that the non-applicant's income was Rs. 1800/- per month and not Rs. 4000/- as alleged by the applicant No. 1. The application is supported by affidavit as also a certificate of income of the non-applicant from the Principal, Government Science College, Pandurna.