JUDGMENT :

S.C. Mohapatra, J. - Refusal to grant interim maintenance u/s 125 Criminal Procedure Code to wife and child is assailed in this Criminal Revision.

2. For the purpose of this application there is no dispute that the petitioners are the wife and child of opposite party. On account of differences wife and child are remaining separately and have claimed maintenance in an application u/s 125, Criminal Procedure Code. As provided u/s 125 Criminal Procedure Code, Court has jurisdiction to grant maintenance at such monthly rent not exceeding Rs. 500/- in the whole. It is also not in dispute that wife is a teacher in a private School at Puri on monthly remuneration of Rs. 400/- per month. In this background an application for interim maintenance was filed.

3. Opposite party husband contested the application on the ground that the wife is earning and application for interim maintenance is only to harass him. Considering the application, trial Court held that it cannot be said that wife is unable to maintain herself which is the main ingredient to grant maintenance u/s 125 Cr.P.C. It came to conclusion that there is no material that she is going to starve or die till the final order t