Kanhiya Tandan vs Lachhanbai

Arvind Singh Chandel, J

With the consent of both the parties the matter is heard finally.

This revision has been preferred by the Applicant/Husband against order dated 18.06.2018 passed by the learned Principal Judge, Family Court

Janjgir, passed in MJC No. 230/2017, whereby Family Court granted interim maintenance of Rs. 4,000/- in favour of Respondent/wife.

Learned Counsel for the Applicant submits that, though the Respondent is the wife of the Applicant but she is living adulterous life, therefore, she is

not entitled to get any maintenance amount from the Applicant/Husband, therefore, the order of interim maintenance passed by the Family Court in

favour of Respondent/Wife may be set aside.

Learned Counsel for the Respondent supported the impugned order.

I have heard learned Counsel appearing for the parties and perused the available record with due care.

Admittedly, Respondent is the legally wedded wife of the applicant and presently she is residing separately from the Applicant. Whether she is

residing separately with any reasonable cause or not is a matter of evidence, likewise whether Respondent/wife is living adulterous life or not is also a

matter of evidence. In these circumstances, considering the facts and pleading of the case and further considering the monthly income of the

Applicant, the Family Court granted Rs. 4,000/- as monthly interim maintenance in favour of Respondent/Wife is just and proper. Therefore, I do not

find any merit in this case.

Accordingly, the revision is dismissed on admit stage itself.