Rajesh Shankar, J. - (1.) The present writ petition has been filed for quashing the order dated 10.07.2017 passed by the learned Additional Principal Judge, Additional Family Court, Ranchi in Original Maintenance Case No. 89/2015 (Annexure-5 to the writ petition) whereby, the petitioner has been directed to pay Rs.15,000/- per month as interim maintenance under Section 125 of the Cr.P.C to the respondent from the date of filing of the application.
(2.) Learned counsel for the petitioner submits that the marriage between the petitioner (husband) and the respondent (wife) was solemnized on 27.06.1985 at Patna. Out of the said wedlock, the first daughter was born on 31.05.1986. In the month of September, 1987, the respondent compelled the petitioner to leave his parents' house and to shift to another house. Thereafter, the second daughter was born on 18.10.1991 at Saudi Arabia. In the month of January, 1997, the petitioner retuned back to India from Saudi Arabia. Since the petitioner was literally deserted by the respondent, he filed a divorce petition being Matrimonial Case No. 953/2015 in the Court of the Principal Judge, Family Court, Patna which was subsequently transferred to the Court of the Principal Judge, Family Court, Ranchi and numbered as Matrimonial Case No. 198/2017 which is still pending. In the meantime, the respondent filed a petition under Section 125 of the Cr.P.C on 29.04.2015 in the Court of the Principal Judge, Family Court, Ranchi for grant of maintenance, which was registered as Original Maintenance Case No. 89/2015. The learned Additional Principal Judge, Additional Family Court, Ranchi vide the impugned order dated 10.07.2017, directed the petitioner to pay Rs.15,000/- per month as interim maintenance to the respondent from the date of filing of the application. It is further submitted that though the petitioner is a doctor by profession, yet he is having limited private practice and has also to look after his ailing old father. Further, he has the burden of outstanding loan of Rs.46 Lacs taken for the marriage of the elder daughter and education of the younger one. The petitioner hardly earns Rs.17,000/- per month whereas, the respondent herself is a teacher and earns Rs.30,000/- per month. The income tax returns filed by the petitioner would sufficiently indicate that he is not in a position to pay the interim maintenance of Rs.15,000/-, as directed by the learned Additional Family Court, Ranchi. The said amount is exorbitant and has been assessed by the learned Additional Family Court, Ranchi without making any factual determination.
(3.) Per-Contra, learned counsel for the respondent submits that the interim maintenance of Rs.15,000/- per month assessed by the learned Additional Family Court, Ranchi is justified and the same needs no interference by this Court. Though the respondent belongs to a decent family and is well educated, yet she was subjected to immense physical and mental torture at the hands of the petitioner. However, anticipating that the relationship would improve and her matrimonial life would attain normalcy, she maintained silence for a long period in the interest of her children. The petitioner is a doctor by profession and he has handsome income. Initially for some time, the respondent had worked as the Head Mistress in Cambrian Public school, Ranchi, but due to her ill health, she could not continue with the said job and presently she has no independent source of income. The petitioner and the respondent are living separately. Earlier, the petitioner used to maintain the respondent and also incurred the expenses for pursuing her MBA course, but subsequently he stopped taking care and presently she has no means of livelihood. She lives in rental premises on monthly rental of Rs.6,720/- per month.;