The court upheld the order for payment of interim maintenance to the wife based on the husband's means to maintain her and the effect of the divorce decree.

Chandramauli Kr.Prasad, J.

1. This application has been filed for quashing the order dated 16.9.2002 passed by the Principal Judge, Family Court, Patna in Title Suit No. 1 of 1997 whereby it has directed the petitioner to pay a sum of Rs. 10,000/ (ten thousand) p.m. to his wife opposite party no.2, as interim maintenance during the pendency of the suit.

2. Mr. Roy Shivaji Nath, Senior Advocate appears on behalf of the petitioner whereas respondent no.2 is represented by Shri Ratnesh Kumar Singh.

3. The learned Judge, while passing the impugned order has prima facie found that the husband has several sources of income and accordingly, directed for payment of interim maintenance at the rate of Rs. 10,000/- p.m.

4. Mr. Nath appearing on behalf of the petitioner submits that the wife had earlier filed applications for grant of interim maintenance on 16.8.1996 and 22.3.1997 but no maintenance having been granted, the prayer for grant of maintenance at the belated stage is not bona fide and as such, the learned Judge erred in granting interim maintenance to the wife.

5. True it is that the wife filed applications for grant of maintenance on 16.8.1996 and 22.3.1997 along with other reliefs but when the matter was taken up by the learned Judge, the wife did not press the relief of interim maintenance and hence, the court proceeded to consider the relief of injunction and other reliefs only. Thus, the court had not gone into the prayer of the petitioner for grant of interim relief at earlier point of time and hence, nothing prevented the wife to file application for grant of interim maintenance later, during the pendency of the suit.

6. Mr. Nath then contends that the husband had no means to maintain his wife and as such, the direction given by the Family Court for payment of interim maintenance, is fit to be set aside.

7. The learned Judge, while passing the interim order was prima facie satisfied that the husband had sufficient means to maintain the wife and as such, wife is entitled for grant of interim maintenance. Thus, the learned Judge on being satisfied, had passed the order for grant of interim maintenance which does not call for interference by this court in exercise of its writ jurisdiction.

8. Mr. Nath lastly submits that the divorce decree having been passed between the parties, the learned Judge erred in passing the order of interim maintenance. The effect of the decree granted by the Watford County Court at London was considered by the Family Court and being prima facie satisfied that the same does not bind the wife, passed the order of interim maintenance. l do not find any error in the same.

9. I do not find any merit in this application and it is dismissed in limine.