ZAHID Vs. SALMA

JUDGEMENT

(1.) The Petitioner has challenged the order dated 14.07.2010, passed by the learned Family Court, Kota, whereby the learned Court has directed the Petitioner to pay a maintenance of Rs. 1,000/- per month from the date of filing of the application i.e. 15.12.2008 to the Respondent-wife.

(2.) Mr. Sajid Ali, the learned Counsel for the Petitioner, has vehemently contended that the Petitioner-hushand is willing to keep the Respondent-wife with him. Moreover, even the father of the Respondent-wife had stated before the Family Court that in case the Petitioner were to ensure that his maternal cousin brother does not reside with him, he is willing to send his daughter back to her matrimonial home. He has further contended that the Respondent-wife is staying away from the Petitioner-husband without any rhyme or reason. Therefore, the benefit of Section 125(4) Code of Criminal Procedure should be given to the Petitioner.

(3.) Heard the learned Counsel for the Petitioner and perused the impugned order.