3.The law on this point is absolutely clear: “wife” includes a divorced woman until she remarries. Therefore, the petitioner is entitled to maintenance. However, this Court finds strong case and counter-case in respect of the income and liabilities of the parties; hence, this Court is of the view that the application for interim maintenance ought to be considered on the basis of affidavits of assets and liabilities to be filed by both parties in the trial court. Accordingly, I quash and set aside the order passed by the learned Additional Principal Judge, Family Court at Patna (Maintenance Case No. 249/2019), dated 08 October 2024, directing him to re-appraise the application for interim maintenance on the basis of affidavits of assets and liabilities to be filed by the parties within one month from the date of passing of this order in the trial court. The concerned learned Judge shall dispose of the application for interim maintenance within three months from the date of receipt of affidavits of assets and liabilities, positively. The trial court is also directed not to give any unnecessary adjournment to either of the parties while taking up the application for interim maintenance.
