Julfukar v. Tabassum
Case brief
What is this about?
Husband appealed an interim maintenance order via writ petition. Court declined interference due to pending Section 125 proceedings, directing Family Court to decide the application within four months.
What did the court decide?
Direction to Family Court to decide Section 125 application within four months; Writ Petition disposed of.
What the court decided
WPCRL No. 891 of 2019 Hon’ble Manoj K. Tiwari, J.
Mr. Deepak Sharma, Advocate for the petitioner.
There is no representation for the respondents.
By means of this writ petition, husband has challenged the order dated 24.04.2019 passed by learned Additional Judge, Family Court, Roorkee, District Haridwar, whereby a sum of 2,000/- has been directed to be paid to respondent no. 1 and a sum of 2,000/- has been directed to be paid to respondent nos. 2, as interim maintenance.
Learned counsel for the petitioner submits that petitioner is serving as labourer, therefore, it is not possible for him to pay ` 4,000/-, as interim maintenance. Considering the fact that matter arises out of an interim order and the application filed under Section 125 Cr.P.C. is still pending before learned Family Court, this Court is not inclined to interfere with the impugned order.
The writ petition is, accordingly, disposed of with a direction to learned Additional Judge, Family Court, Roorkee, District Haridwar to hear and decide the application filed by respondents under Section 125 Cr.P.C., as early as possible, preferably within four months from the date of production of certified copy of this order.
(Manoj K. Tiwari, J.) Navin 28.08.2019.
Issues for consideration
1 issue framed by the court
Whether the High Court should interfere with the Family Court's interim maintenance order directed at a petitioner serving as a labourer.
Parties & counsel
- petitioner
Husband
- respondent
Wife
- respondent
Step-mother/Other Female Relation
Coram
Case details
As recorded by the court registry
- Court
- Uttarakhand HC
- Decided on
- · August
- Registered
- Case no.
- WPCRL/891/2019
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