SANTOSH KUMAR TARAI Vs. JAYASHREE SAHOO

JUDGEMENT

(1.) The petitioner-husband has filed this application challenging the order dated 26.09.2016 passed by the Judge, Family Court, Bhubaneswar in CRP No.226 of 2015 granting interim maintenance of Rs.8000/- per month to the opposite party-wife with effect from filing of the petition dated 25.02.2016 and further litigation expenses of Rs.5000/- with the direction that the petitioner-husband shall make payment of interim monthly maintenance before 9th day of every English calendar month.

(2.) The factual matrix of the case, in hand, is that the petitioner married to the opposite party, which was solemnized on 10.07.2011, as per Hindu rites and customs at the residence of father of the opposite party. After marriage, both the parties lived together for few days as husband and wife in the house of the petitioner. Thereafter, it is alleged that opposite party started showing unbecoming behavior not only to the petitioner but also to his family members and refused to keep marital relationship with the petitioner. As the petitioner was frequently going outside Bhubaneswar for his official work, he could not make any effort to know such attitude of the opposite party. Subsequently, the petitioner informed the facts to the parents of the opposite party, but no result came out. Finally, the opposite party on 07.06.2015 deserted the house of the petitioner. Thereafter, the petitioner sent notice to the opposite party through his lawyer on 07.09.2015 as he wants to live with her as husband and wife for the interest of the family or for making a mutual divorce, but the same was returned unserved. Consequentially, the petitioner filed C.P. No.703 of 2015 before the Judge, Family Court, Bhubaneswar for restitution of conjugal rights, which is pending.

(3.) The opposite party filed an application under Section 125 Cr. P.C. before the Judge, Family Court, Bhubaneswar, which was registered as CRP No.226 of 2015, with a prayer to pay Rs.20,000/- per month for her maintenance. On 25.02.2015, the opposite party also filed a petition seeking direction to the petitioner to pay Rs.20,000/- for interim maintenance and Rs.10,000/- towards litigation expenses till finalization of CRP No.226 of 2015. The learned Judge, Family Court, Bhubaneswar issued notice to show cause and posted the matter to 07.04.2016. On receipt of notice, the petitioner appeared through his lawyer and filed show cause on 06.05.2016 denying the averments made therein and also filed objection to the petition for interim maintenance stating inter alia that the opposite party, without any reasonable and justifiable ground, deserted the matrimonial house. Thereby, she is guilty of marital disturbances inflicting mental agony and physical torture to him and his old and ailing mother. Therefore, she is not entitled to get any maintenance and, as such, prayed for rejection of the petition filed for interim maintenance and litigation expenses.