By this writ petition filed under Article 227 of Constitution of India, the petitioner – husband has challenged the order dated 01.10.2009 passed by Family Court No. 4, Nagpur in Petition No. A889/ 2008 below Exh. 16, directing him to pay interim maintenance of Rs.2,500/-per month to the respondent – wife from 15.07.2009. The matter was initially presented as Criminal Revision Application under Section 397 read with Section 482 of Criminal Procedure Code and on 04.03.2010, it has been converted into a Writ Petition under Article 227 of Constitution of India.

2. Looking to the nature of the controversy, Shri Qureshi, learned counsel for the petitioner husband and Shri Shams, learned counsel for the respondent – wife, requested that the matter should be taken up for final hearing. Accordingly, the parties have been heard by making rule returnable forthwith.

3. The marriage between the parties was solemnized at Nagpur as per Islamic Law on 22.12.2006. The respondent – wife has filed Petition No. A889/ 2008 before Family Court No.4, Nagpur under Section 281 of Mohammedan Law for restitution of conjugal rights. The petitioner in his reply raised preliminary objection and conte