INSAF ALI Vs. SAYARA BANO

JUDGEMENT

(1.) The petitioner-husband is aggrieved by the order dated 02.08.2008, passed by the learned Additional Chief Judicial Magistrate, No.4, Bikaner, whereby the learned Magistrate has granted an interim maintenance of Rs. 1,000/- per month to the respondent-wife.

(2.) Mr. Shambhoo Singh, the learned counsel for the petitioner, has vehemently contended that earlier the respondent-wife was married to one Ramjan who divorced her on 17.12.1991. Thereafter, she married the petitioner. However, she has also filed an application seeking divorce from the petitioner-husband. Hence, she is not entitled for maintenance from the petitioner-husband. Moreover, the petitioner-husband is willing to keep the respondent-wife with him. According to the petitioner-husband, it is she who has deserted him. Therefore, he should be granted the benefit of Section 125(4) Cr.P.C.

(3.) Heard the learned counsel for the petitioner and perused the impugned order.