LAWS(JHAR)-2018-2-23

PRASOON KUMAR Vs. CHETNA KUMAR

Decided On February 02, 2018
Prasoon Kumar Appellant
V/S
Chetna Kumar Respondents

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 10.07.2017 passed by the learned Additional Principal Judge, Additional Family Court, Ranchi in Original Maintenance Case No. 89/2015 (Annexure-5 to the writ petition) whereby, the petitioner has been directed to pay Rs.15,000/- per month as interim maintenance under Section 125 of the Cr.P.C to the respondent from the date of filing of the application.

(2.) Learned counsel for the petitioner submits that the marriage between the petitioner (husband) and the respondent (wife) was solemnized on 27.06.1985 at Patna. Out of the said wedlock, the first daughter was born on 31.05.1986.

(3.) Per-Contra, learned counsel for the respondent submits that the interim maintenance of Rs.15,000/- per month assessed by the learned Additional Family Court, Ranchi is justified and the same needs no interference by this Court. Though the respondent belongs to a decent family and is well educated, yet she was subjected to immense physical and mental torture at the hands of the petitioner. However, anticipating that the relationship would improve and her matrimonial life would attain normalcy, she maintained silence for a long period in the interest of her children. The petitioner is a doctor by profession and he has handsome income. Initially for some time, the respondent had worked as the Head Mistress in Cambrian Public school, Ranchi, but due to her ill health, she could not continue with the said job and presently she has no independent source of income. The petitioner and the respondent are living separately. Earlier, the petitioner used to maintain the respondent and also incurred the expenses for pursuing her MBA course, but subsequently he stopped taking care and presently she has no means of livelihood. She lives in rental premises on monthly rental of Rs.6,720/- per month.