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1988 Supreme(Raj) 776

D.L.MEHTA, BYAS
Ghalib Hussain – Appellant
Versus
Bilqees – Respondent


Advocates:
For the Petitioner:S.R. Bajwa, Advocate.

JUDGMENT

1. - This appeal filed 19 of the Family Courts Act, 1984 is directed against an order of the learned Judg-of the Family Court, Jaipur dated April 12, 1988 by which the appellant was directed to pay a sum of Rs 200/- per month to the respondent for her interim maintenance during the pendency of the proceedings.

2. Relevant facts may be recalled in short. The respondent there in after to be mentioned as the wife) submitted an application 125 Cr.PC in the couit below against the appellant, (here in after to be referred to as the husband) for getting maintenance. The parties are Muslims. The wife is a post graduate while the husband is only a matriculate. The marriage between them was solemnised on 2-12-1985. How ever, they could remain together only for sometime and since January, 1985 the wife is living with her parents. The income of the husband was stated to be Rs 4 000/- per month. The wife demanded a sum of Rs 400/ by way of interim maintenance so long the proceeding remains pending The husband resisted the petition on several grounds denying is liability for providing maintenance to the wife. One of the defences was that he has no source of income and is an unemployed pe







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