ABDUL JABBAR Vs. AFROZA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Public Prosecutor for the State.

(2.) The brief facts of the case are that the petitioner got married with respondent on 25.11.2005. Thereafter, respondent raised allegations against the petitioner and his relatives that they tortured her physically as well as mentally, while demanding dowry and dispossessed her from her in-laws' house. The respondent filed an application for maintenance under section 125 IPC, to which a reply was filed by the petitioner clarifying his financial status. Thereafter, an application for interim maintenance was also filed by the respondent. The Family court, Jodhpur ,vide its order dated 21.01.2010, granted an interim maintenance of Rs.2,000/- per month to the respondent which shall be payable from the date of filing of application for interim maintenance till the final order for maintenance is passed in the criminal case. Aggrieved by the aforesaid order, the petitioner has preferred this cri.misc. Petition.

(3.) Counsel for the petitioner contended that the trial court has ordered to pay interim maintenance from the date of the application, without assigning any reason. He further contended that such an order is illegal, improper and perverse. He relied upon the following judgments in support of his case :