GAGAN KUMAR SAINI Vs. SAKSHI SAINI

JUDGEMENT

(1.) The applicant has filed this revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the order dated 06/04/2017 passed by learned Principal Judge, Family Court, Jabalpur in M.J.C. No.434/2016 whereby allowing the interim maintenance to the respondent till disposal of the case.

(2.) The facts giving rise to this petition, in short, are that the respondent is the legally wedded wife of the applicant. The marriage between the parties was solmenized on 02/12/2015. After marriage respondent lived with the applicant. It has been alleged by the respondent that owing to demand of dowry and cruelty, she is living separately in her parental house, the applicant is not maintaining her, she is not having any permanent means of earning. The applicant is having sufficient means of earning. The respondent submitted an application under Section 125 of Cr.P.C. for receiving the monthly maintenance allowance and also filed an interim application dated 26/8/2016 seeking interim maintenance allowance of Rs.40,000/- per month. Learned Family Court vide impugned order dated 06/04/2017 allowed the application and directed the applicant to pay Rs.7,500/- per month as interim maintenance allowance to the applicant.

(3.) Being aggrieved by the impugned order dated 06/04/2017, the applicant has filed this revision on the ground that the respondent is well qualified and is earning sufficient amount at Jabalpur. She is not fulfilling the marital obligation living separately without any sufficient cause. Learned Family Court did not consider this fact properly. Learned Family Court awarded interim maintenance disproportionately without just and sufficient cause, therefore, prays to set aside the impugned order while dismissing the application.