Filing of an application seeking interim maintenance is not a precondition for grant of interim maintenance pending consideration of the petition seeking maintenance under section 125 Cr.P.C.

JUDGMENT :

1. Petitioner/husband impugns order dated 24.05.2017 whereby the Trial Court has assessed the monthly income of the petitioner and directed the petitioner to pay a sum of Rs.10,000/- per month as an ad-interim maintenance to the respondent/wife.

2. Learned counsel for the petitioner submits that the Trial Court has erred in not appreciating that on 25.02.2017 respondent had withdrawn application seeking interim maintenance and thus she was disentitled from receiving any maintenance.

3. Learned counsel further submits that it is not the case of the petitioner neglecting to maintain his wife but the respondent wife was charged in a case under Section 302 IPC of having murdered the mother of the petitioner and further that she is living in adultery.

4. Further it is contended that on the date when the impugned order was passed, there was a request for adjournment on behalf of the petitioner on the ground that his counsel was not available and it is so recorded in the order and despite such a request the impugned order was passed.

5. Learned counsel for the respondent contends that the interim application seeking interim maintenance was withdrawn as the respondent wife was hopeful that the matter would conclude shortly and final maintenance would be fixed.

6. It is submitted that the order records that the application was withdrawn for expeditious disposal and for grant of final maintenance.

7. Learned counsel further submits that respondent was falsely charged for having allegedly committing the murder of the mother of the petitioner, she has already been acquitted after trial. Though an appeal has been preferred.

8. Learned counsel further submits that apart from a bald allegation that respondent is living in adultery, there is no material placed on record to substantiate the said allegation.

9. Coming to the contention of learned counsel for the petitioner that respondent had withdrawn her application and as such she is disentitled to any maintenance, it must be kept in mind that the object of the said provision is beneficial and to provide subsistence or maintenance to a wife, so that she does not live a life of a destitute pending the matrimonial dispute.

10. Perusal of order dated 25.02.2017 shows that counsel for the petitioner had withdrawn the application and requested the Court for expeditious disposal and grant of final maintenance. Said application was not withdrawn consequent to some adverse material coming on record but was withdrawn only for the purposes of expeditious grant of final maintenance. 2½ years have since passed and the case is still at the stage of trial and respondent is without any maintenance.

11. Section 125 Cr.P.C. reads as under:-

125. Order for maintenance of wives, children and parents.

(1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself,

a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.

Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub