The petitioner is before this Court calling in question order

dated 11-07-2022 passed in Criminal Miscellaneous No.625 of 2021

pending before the IV Additional Principal family Judge, Mysore in

an application filed under Section 125(1) of the Cr.P.C.

2. Heard Sri M. Vikas, learned counsel appearing for the

petitioner and Sri D.J. Govindaraju, learned counsel appearing for

the respondent.

3. Brief facts that lead the petitioner to this Court in the

subject petition, as borne out from the pleadings, are as follows:-

The petitioner aged 66 years old and the respondent aged 60

years old got married on 13-03-2020 when they were 64 and 58

years old respectively. The averments in the petition are that the

petitioner was wanting a companion and the respondent, a divorcee

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was also wanting a companionship and accordingly by mutual

consent got married. On 29-04-2020 the innings of the couple

began and on 29-05-2020 the respondent deserted the petitioner

and leaves the matrimonial home. After leaving the matrimonial

home after staying for one month, the respondent institutes two

proceedings 3 one seeking divorce from the hands of the petitioner

and the other under Section 125 of the CrPC seeking maintenance.

It appears that the petition seeking divorce in M.C.No.424 of 2021

was withdrawn by the complainant. The criminal miscellaneous

petition so filed seeking maintenance is considered on a application

filed under Section 125(1) of the CrPC and an order is passed

directing payment of interim maintenance of Rs.7,000/- per month

from the date of the application till disposal of the petition. The

petitioner challenges the said order before this Court in the subject

petition.

4. The learned counsel appearing for the petitioner submits

that interim maintenance is to be paid to a wife who has been

neglected and deserted by the husband, but even as on date the

petitioner is ready and willing to welcome the respondent back and

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lead a happy married life as both of them got married only for

companionship and would submit that despite these submissions

interim maintenance is granted by the trial Court and the divorce

case filed is also withdrawn by the respondent.

5. On the other hand, the respondent would refute the

submissions to contend that though she stayed for a month with

the petitioner it becomes impossible for her to live with him as he

was constantly harassing the respondent/wife and therefore, a

notice was caused upon the petitioner prior to registration of the

claim for divorce which was also replied to by the petitioner. The

affidavit on assets and liabilities of the respondent is also filed

before the concerned Court as is necessary in law. Therefore, the

counsel for the respondent would submit that the subject petition

be dismissed and interim maintenance so awarded be confirmed.

6. I have given my anxious consideration to the submissions

made by the respective learned counsel and perused the material

on record.

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7. The factum of marriage between the petitioner and the

respondent on 13-03-2020 is not in dispute and the wife/

respondent begins to live with the petitioner on 29-04-2020 and

leaves the matrimonial house a month thereafter is also not in

dispute. The allegation of the wife is constant torture from the

hands of the husband and therefore she has left the house. Both

the proceedings are instituted by the wife against the petitioner 3

one seeking divorce in M.C.No.424 of 2021 and the other seeking

maintenance in Criminal Miscellaneous No.625 of 2021. The

divorce petition being withdrawn by the wife is of no avail as the

wife is still in the matrimonial fold with the husband. So long as the

respondent remains a legally wedded wife of the petitioner and the

fact that she has been deserted by the husband, interim

maintenance is a matter of right to the wife.

8. The order of the trial Court on an application filed by the

wife under Section 125(1) CrPC cannot be taken exception merely

because the petitioner is ready an