ROUF RAFIQ Vs. ROUFA JAVED

JUDGEMENT

(1.) The petitioner, through the medium of present petition, has challenged order dtd. 10/6/2026 passed by learned Principal Judge Family Court, Srinagar, in a petition under Sec. 144 BNSS filed by respondent Nos. 1 and 2 against him. Vide the impugned order, the learned Family Court has awarded a sum of Rs.2,000.00 as monthly interim maintenance to respondent No.2, while as grant of interim maintenance to respondent No.1 has been deferred.

(2.) It appears that respondent Nos. 1 and 2 have filed an application under Sec. 144 BNSS against the petitioner herein seeking maintenance. While respondent No.1 happens to be the legally wedded wife of the petitioner, respondent No.2 happens to be the girl child who was born out of said wedlock. In the petition filed before the learned Family Court, the respondents have alleged that the petitioner has deserted them and he has neglected to maintain them. They have further submitted that they are not able to maintain themselves, while as the petitioner is a man of means earning about Rs.40,000.00 per month. Therefore, he is obliged to pay maintenance to the respondents herein. According to the respondents, they were thrown out from the house by the petitioner and they have been forced to live under open sky. It is the case of the respondents that they have no source of income to maintain themselves.

(3.) The petitioner contested the petition by filing reply to the same. In the reply, the petitioner alleged that respondent No.1 is living in adultery and she has the extramarital affair which has become cause of marital discord between the parties. He further submitted that the respondents have suppressed material information from the Court, inasmuch as, respondent No.2 is receiving monetary compensation of Rs.4,000.00 per month in proceedings launched by the respondents against him under Protection of Women from Domestic Violence Act (DV Act). It has been contended that the petitioner is a daily rated worker earning Rs.300.00 per day and he has to support his old-aged mother and has also to take care of his medical expenses.