Grant of interim maintenance pending final resolution and the requirement of evidence to support claims regarding the ability to maintain oneself.

1. This petition under Section 561-A Cr. P.C. has been filed with the prayer to quash the order dated 04.02.2015 passed by the learned Principal Sessions Judge, Baramulla, dismissing the revision petition that had been filed by the petitioner herein against the order dated 14.10.2013 passed by the learned Judicial Magistrate, 1st Class, Baramulla, on the petition for grant of maintenance filed under Section 488 Cr. P.C. before that court by the respondents herein, whereby the learned Magistrate granted an interim maintenance of Rs.6000/- in favour of respondent no. 1 herein, being the wife of the petitioner, and Rs.3000/- in favour of respondent no.2 herein, being the female child of the petitioner herein. The order granting aforesaid maintenance in favour of the two respondents-mother, daughter duo was made effective from the date of application, depicted on the top of the certified copy of the order as 31.12.2012.

2. The relationship between the petitioner and Respondent no. 1 of being spouses is rather admitted, and Respondent no. 2 is the most precious gift bestowed to them by the Creator in lieu of their inter se contract and unflinching assurances of togetherness once exchanged by them in between. Alas! They are estranged now, and the child, Respondent no. 2, as a natural course, is left at the cross roads of its life, holding the mother's finger, in a hope to derive an assured security and comfort from her. There cannot be anything horrendous, and often atrocious, for a child than separation of his or her parents, especially so when he or she is of very tender age. What a pity! People continuously shed their skin; their fat; they forget their good and bad memories, their losses and achievements in life; more often than not, they shun their favourite and fondling habits to please, and for the sake of, others, but what they tend not to forget and forgive are the castles of expectations imagined and built by them in dreams of married life, and when they see those dreamy expectations not being fulfilled, then they come out in the arena to play fencing. The most unfortunate fall out of this inability of spouses to descend from the dream world to live in real life is that the child suffers the most, inasmuch as his or her small world, sheet anchored on the foundations of the parental inter se togetherness, understanding, care and love, is blown off like the eruption of a volcano.

3. What pesters one's mind is that both -- the husband and the wife here -- are seemingly well educated, inasmuch as both are titled as Doctors, yet they have not been able to jointly choose or agree on a single shade of the pinkness of their lives. Well, they may be right in their respective rights to draw out their foils, epees and sabers against each other and enjoy the fencing, but till now they have failed to grasp the fact that every time they attempt at earning a point against each other, the hit is actually received by their child. Here I am reminded of the observations of their lordships constituting the Division Bench in the judgment in Lubna Mehraj v. Mehraj-ud-Din Kanth, 2004 (1) JKJ 418 [HC] about the impact the separation of a couple has on the mind of a child. The issue involved therein was altogether different, but the observations in context of the concern expressed above are very relevant. Paras 12, 13, 14 and 15 of the judgment are quoted hereunder :

"12. As observed above, Clause (c) of Sub-section (1) creates an exception to the condition of being minor as envisaged in Clause (b). However, whereas Clause (b) includes all minor children, whether married or not, Clause (c) is not that wide in its texture. It indicates the situations and circumstances in which, if neglect or refusal to maintain on the part of father is proved, a major unmarried daughter can claim such maintenance in the summary proceedings. Therefore, a major unmarried daughter is not totally excluded from the purview of Section 488. The phrase 'any physical