PANKAJ SHASHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) Petitioner, by means of this application under section 482 of the Code of Criminal Procedure, has invoked the inherent jurisdiction of this Court with prayer to quash the order dated 29.08.2017 passed by the learned Principal Judge, Family Court, Rohtas in Maintenance Case No. 148 of 2016, whereby and whereunder the prayer of the opposite party no. 2 for grant of interim maintenance has been allowed and the petitioner has been directed to pay Rs. 3000/- per month to the opposite party no. 2 as interim maintenance.

(3.) Learned counsel appearing for the petitioner submits that petitioner being the husband is still ready to keep the opposite party no. 2 with full honour and dignity. The opposite party no. 2 has never been neglected by this petitioner. As a matter of fact, for restitution of the conjugal life, petitioner filed Matrimonial Suit No. 136 of 2016 before the Family Court but despite service of notice the opposite party no. 2 is not appearing in the said case nor she is ready to live with this petitioner. No case under section 125 Cr.P.C. is made out against this petitioner. It is further submitted that in view of the aforesaid facts, question of interim maintenance does not arise, and as such, the order impugned is fit to be quashed.