MOHD FAIYYAZ Vs. FARHEEN BANO

JUDGEMENT

(1.) This application under Section 482 of Criminal Procedure Code, 1973, hereinafter referred to as 'the Code' for short, has been filed by the applicant/husband against the order dated 25.07.2015, passed in MJC, No.622/2014, by learned First Additional Principal Judge, Family Court, Bhopal, whereby learned Family Court, Bhopal directed the applicant to pay interim maintenance amount of Rs.1,800/- per month to respondent/wife.

(2.) The application on behalf of the respondent filed under the provisions of Section 125 of the Code, contending that the marriage between the applicant and the respondent was solemnized as per rites and rituals. It is alleged that after sometime of marriage the applicant was M.Cr.C. No.17926 of 2015 doing nothing for survival, due to which the respondent left the house of the applicant and living at Bhopal. Meanwhile the respondent duly prayed for interim maintenance contending that the applicant is doing videography and earning healthy income whereas the respondent is depend on her parents.

(3.) Applicant entered his appearance by filing reply and contended that the respondent has not fulfilled her marriage obligations. She went to her parents house on many occasions without giving any information and permission from the applicant and his parents. The respondent went to Bhopal on her own will by pretending that the applicant was not working hence, he has not having sufficient source of income. The respondent is giving tuition and also doing tailoring work hence earns Rs.15,000/- per month. She is a well educated women and capable to maintain herself, therefore she is not entitled for any maintenance from the applicant, therefore, the award passed by learned Family Court granting interim maintenance to the respondent/wife deserves to be dismissed.