DHEERA Vs. MOHAN LAL

JUDGEMENT

(1.) HEARD.Appellant before us is the wife. Respondent is the husband. Appellant has moved an application in the court below for grant of maintenance to her under Section 125 Cr. P.C. She also prayed for grant of interim maintenance. Learned Judge, Family Court by the order under appeal dated 20/12/1991 has declined to grant any interim maintenance to appellant Smt. Dheera, No reasons have been given by him in his order for refusing grant of interim maintenance at all. The Judge, Family Court was expected to pass a reasoned order while refusing the prayer for interim maintenance. Grant of interim maintenance is a matter of life and death for a wife who is living alone and who may have no independent source of her own to sustain herself Smt. Savitri v. Govind Singh, is high authority for the preposition that interim maintenance can be granted in proceedings under Section 125, Cr. P.C. Since in this case, we do not find any ground whatsoever for disallowing the interim maintenance to the appellant Smt. Dheera, we are unable to sustain the impugned order of Learned Judge. Family Court, which to our mind is arbitrary illegal and perverse. We therefore, accept this appeal set aside be order of learned Judge. Family Court dated 20/12/1991 so far it refuses to grant interim maintenance to Smt. Dheera and remand the case back to him and direct him to consider the prayer of the appellant for grant of interim maintenance to Smt. Dheera and remand the case back to him and direct him to consider the prayer of the appellant for grant of interim maintenance to Smt. Dheera on merits. Heshall dispose of the application for grant of interim maintenance within a period of one month from the date the record is received by him after giving due notice to the respondent. In these circumstances of the case we do not make any order as to costs. The appeal is disposed of accordingly Appeal allowed case remanded.