A husband is obliged to provide maintenance to his wife, irrespective of their living arrangements.

J U D G M E N T

This Original Petition has been filed challenging the interim order of maintenance passed in a proceeding under Section 125 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') / Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ' BNSS ').

2. The petitioner is the husband and the respondent is the wife. The marriage is not in dispute.

3. Admittedly, the petitioner is drawing a salary of Rs.65,000/- per month. The definite case of the respondent is that she does not have any job or source of income. The petitioner, being the legally wedded husband of the respondent, is legally and morally bound to maintain his wife. The learned counsel for the petitioner submitted that both the petitioner and the respondent are residing under the same roof and that the petitioner is providing maintenance. Hence, the respondent is not entitled to claim maintenance. That is a matter which is to be decided at the time of trial.

4. Considering the requirement of the respondent and the ability and means of the petitioner, the interim monthly maintenance granted to the respondent by the Family Court appears to be very reasonable. I see no illegality or impropriety in the impugned order.

Accordingly, the original petition is dismissed.