AI Structured Summary
Not yet generated for this judgment
Judgment
Arindam Sinha, J
Mr. Das, learned advocate appears on behalf of petitioner and submits, there be interference with order dated 24th November, 2021 passed by
Family Court, Rourkela, Dist-Sundargarh directing payment of interim maintenance at Rs.10,000/- per month under section 125 in Code of Criminal
Procedure, 1973.
He submits, his client is by faith Muslim. The talaknama was dully delivered to opposite party. His client had paid maintenance in the ‘Iddat’
period. As such, there cannot be further direction for payment of interim maintenance to a person such as opposite party, who is no longer his
client’s wife.
He submits, interim application for stay of the order has been filed and order be made.
It appears from impugned order that the law on order for maintenance of wife, children and parents provided under section 125 of the Code was
considered. As such, further consideration by this Court at instance of petitioner is required. Apart from that, the direction for payment of interim
maintenance appears to have been based on evidence.
In circumstances above, issue notice along with copy of this order. Petitioner will put requisites. The interim application will be considered along
with the petition on adjourned date.
List on 4th February, 2022.
................................................