The determination of interim maintenance hinges on the substantiation of cruelty claims and the financial capacity of both parties, affecting residency and support obligations.

1. This revision under S.397/401 of Cr.P.C. fled by the petitioner being aggrieved by the order dated 30.01.2019 in M.J.C. No. 212/2018 passed by the Principal Judge, Family Court, Bhopal. Whereby the interim maintenance of Rs. 2500/- per month has been given to the respondent by the petitioner.

2. On perusal of case, it appears that the respondent has filed an application under S.125 of Cr.P.C. stating that her marriage with the petitioner was solemnized on 15.12.2001 and their cohabitation, they have been blessed with two children who aged about 14 and 12 years. The children are residing with petitioner as the petitioner kept them forcefully. She further stated that the petitioner restricted her to meet her children. She further stated that the petitioner used to beat her and his behavior was very cruel towards her. He also tarnished her image by blaming on her character. On 05.10.2012, the petitioner came her matrimonial house along with his brother and friend and abused the respondent and her father. She stated that due to aforesaid behavior, she is compelled to reside separate at her matrimonial house. Regarding income, she stated that she has no source of income and her parents are taking care of her whereas the petitioner is having medical shop and earning Rs. 50,000/- per month. He also taking rent of his house about of Rs. 10,000/- per month. She stated that all her stridhan are in possession of petitioner.

3. On reply, the petitioner stated that the respondent has falsely said that he kept the children forcefully from her. He submitted that the children are residing with him on their own will. The respondent does not come to meet them. He further submitted that he neither tortured the respondent nor insulted. The behaviour of respondent was not good towards his and his family member. The respondent forced him to live separate from his family. She used to make quarrel with him. The respondent is of open minded woman and wanted to live separate. The petitioner did not abuse her father. The respondent is living separately without any sufficient reason due to which the children are deprived from love and affection of mother. Regarding income, he stated that the respondent is working teaching job and also took tuition classes, she earns Rs. 20,000/- per month. The petitioner stated about his income saying that he is running retail medical shop and earns Rs. 12-15 thousand per month and half of it is given to his brother as they are performing joint business. He also denied the income from rent house. He stated that he did not take her stridhan.

4. During the proceeding, the respondent has filed an application for interim maintenance asking for Rs. 15000/- per month. The learned Family Court after considering the fact and circumstances of the case awarded the interim maintenance to the respondent as aforesaid.

5. Learned counsel for the petitioner submits that the order passed by the learned Family Court is bad in law and deserves to be quashed, he submits that the respondent has filed an application under S.13 of Hindu Marriage Act before Family Court, Guna which was dismissed vide order dated 08.03.2017. While passing the order dated 08.03.2017, the learned Family Court came to the conclusion that the petitioner did not commit any cruelty with the respondent. Therefore, she is not entitled to get any maintenance from the petitioner. Further, he submits that he has filed an application under S.9 of Hindu Marriage Act before the Family Court Reabareli wherein the respondent was declared ex - parte and decree for restitution of conjugal right has been given in favour of the petitioner even