SAKET KUMAR Vs. BHAWNA SINGH

JUDGEMENT

(1.) Heard Mr. Ashok Kumar Choudhary, the learned counsel for the petitioner and Mr. Ranjan Kumar Dubey, the learned counsel appearing on behalf of the respondent.

(2.) The petitioner has filed this Civil Miscellaneous petition against the order dtd. 9/6/2017, passed by the learned Principal Judge, Family Court, Siwan in Maintenance Suit Case No. 101 of 2016 by which the learned Principal Judge directed the petitioner to pay a sum of Rs.2,000.00 per month as interim maintenance to his wife under Sec. 125 Cr.P.C., 1973

(3.) Mr. Ashok Kumar Choudhary, the learned counsel for the petitioner submits that the petitioner was duped and on concealment of material facts with regard to mental condition of his wife the marriage was solemnised for which criminal case has already been lodged. The wife has filed the petition under Sec. 125 Cr.P.C., 1973 for grant of maintenance and during the pendency of that maintenance case the order was passed for ad-interim maintenance but there is no material before the Court to show that the petitioner-husband had any income of his own. It is further submitted that the court is legally bound to delve upon such evidence and after taking into consideration of the income of the husband and the income of the wife, the amount of compensation should have been directed to be paid to the wife but the court had directed the husband-petitioner to pay a sum of Rs.2,000.00 for ad interim maintenance to his wife. The learned counsel for the petitioner in support of his contention placed reliance on paragraph 8 and 9 of the judgment of the Hon'ble Supreme Court reported in (2010) 12 SCC 242, Neeta Rakesh Jain v. Rakesh Jeetmal Jain. It is further submitted that even order for granting ad-interim amount of Rs.2,000.00 is not sustainable.