This application under Section 482 of Cr.P.C . has been filed against order dated 27.11.2019 passed by JMFC, Lavkush Nagar, District Chhatarpur in MJC No.71/2018 by which an interim maintenance at the rate of Rs.8000/- per month has been awarded to respondent.

2. It appears that applicant had set the respondent on fire and accordingly, he is also facing trial for offence under Sections 498-A, 326/34 of IPC. Applicant was working in BSF and ultimately by order dated 27.04.2019, he was dismissed from service on account of illegal absence without leave since 06.07.2018. It is well established principle of law that if husband is an able bodied person, then he cannot refuse to maintain his wife. Furthermore, application under Section 125 of Cr.P.C . is still pending and the stage of said application is not known. Even otherwise, it is not known as to whether applicant has paid the arrears of interim maintenance or not?

3. Since application under Section 125 of Cr.P.C . is still pending, therefore, this Court is of considered opinion that no useful purpose would be served by considering the present application on merits.

4. Accordingly, it is dismissed with a request to the tria