Hon’ble Sudhanshu Dhulia, J. (Oral)

1. An application under Section 125 of Cr.P.C. has been filed by the wife/petitioner for maintenance before the Judge, Family Court, Haridwar, which is still pending before the court concerned. During the pendency of the said application, an interim relief application has been filed by the petitioner, which was rejected by the Family Court on 05.11.2011. The court has come to the conclusion that the matter is already fixed for evidence and applicant is not liable to be given an interim maintenance at this stage. However, in the said order, the court has also made certain observations, which amounts to predetermination of the case, submits the petitioner.

2. The husband/respondent is being represented by Mr. Lok Pal Singh, Advocate but in spite of repeated opportunities no counter affidavit has been filed as yet. Moreover, today no one is representing respondent before the Court. Therefore, the matter proceeds ex-parte against the respondent.

3. The order dated 05.11.2011, which is annexure No. 5 to the writ petition, has been perused by which the application of the petitioner/wife for interim maintenance has been rejected. The matt