1. By this petition under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr. P.C.) the petitioner wife seeks to challenge the order dated 4th June 2010 whereby the learned Addl. Principal Judge, Family Court declined to grant interim maintenance in favour of the petitioner – wife.

2. Assailing the said order, Mr. R. K. Tarun, learned counsel for the petitioner – wife submits that it is a statutory right of the wife to claim maintenance from her husband and such a right cannot be denied to her even where she has left the matrimonial home without there being any neglect on the part of the husband and also even where the wife starts residing separately under some mutual arrangement. Counsel for the petitioner submits that the denial of interim maintenance even in such circumstances is against the public policy and the husband cannot take shelter under sub-clause (4) of Section 125 of Cr. P. C. to deny maintenance to his wife merely because she has refused to join the company of the husband.

3. Counsel for the petitioner also argued that the learned trial court has committed a grave error and illegality by not granting an opportunity to the petitioner