Indrani Datta, J.

( 1. ) The petitioner has assailed the order dated 22/2/2010 passed by Principal Judge, Family Court, Gwalior in Case No. 285 of2009 by which, petitioners application for interim maintenance stood rejected on the ground that the petitioner is Engineer and capable to maintain herself, while respondent though Engineer, at present he is unemployed, sick and under treatment of doctor.

( 2. ) The facts in nut-shell giving rise to the petition are that petitioner wife filed an application under Section 125 CrPC for grant of maintenance against respondent. During the pendency of that petition, an application was filed on behalf of petitioner wife for grant of interim maintenance. Trial Court has held that the petitioner wife is not entitled to any interim maintenance as she is an engineer and capable to maintain herself while respondent is under treatment for epilepsy and is unemployed because, he has resigned from his service. On these grounds, application for interim maintenance is dismissed by learned trial Court giving rise to this petition.

( 3. ) Manifold submissions have been advanced by learned counsel for the petitioner that the provision of Section 125 C