KASHANULLAH KHAN Vs. LIMA

JUDGEMENT

(1.) The petitioner has filed this petition against the order dated 20.3.2015 passed by the Family court fixing interim maintenance @ Rs.5000/- per month.

(2.) The petitioner married with respondent on 19.6.2013 in accordance the rituals of Mohammad Law. The respondent filed an application under Sections 12, 19, 20 and 22 of the Protection of Women From Domestic Violence Act 2005, in short the "The Act of 2005". In the aforesaid case, she filed an application under Section 23 of the Act in regard to grant of maintenance. The court after considering the facts of the case and considering the income of the petitioner has awarded interim maintenance @ Rs. 3000/- per month, vide order dated 5.8.2014. The petitioner has been paying the aforesaid amount to the respondent.

(3.) The respondent filed an application on 3.2.2014 for grant of maintenance under Section 125 of Cr.P.C. before the Family Court. She pleaded that demand of dowry was made from her and she was abused and tortured. Hence, she lodged FIR. On the basis of aforesaid FIR, offence was registered, vide Crime No. 02/14 at Police Station, Mahila Thana, Bhopal for commission of offence punishable under Section 498-A, 294, 506/34 of IPC. She pleaded that the petitioner is in the business of property dealing and he is earning Rs.40,000/- per month. The respondent has no means of livelihood, hence she be awarded maintenance @ Rs. 10, 000/- per month.