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Judgment
Date : 25-08-2026 Heard the learned senior counsel appearing on behalf of the petitioner and the learned APP for the State.
Despite repeated calls, none appears on behalf of opposite party no. 2.
The petitioner is aggrieved by the order dated 27.02.202526.09.2024 passed by the learned Principal Judge, Family Court, Muzaffarpur, in Maintenance Case No. 454 of 2022, whereby and whereunder the learned Family Court allowed interim maintenance amount of Rs. 20,000/- per month to opposite party nos. 2 and 3, at the rate of ₹10,000/- per month each.
Learned senior counsel appearing on behalf of the petitioner submits that the learned Family Court has not considered the fact that the opposite party no. 2 has voluntarily left her matrimonial home and is not willing to rejoin her marital life. This refusal to stay with the petitioner is without any valid reason and, therefore, the opposite party no. 2 is not entitled to any maintenance. Learned senior counsel also submits that the petitioner has already been making payment of Rs. 10,000/- to the opposite party nos. 2 and 3 in terms of order dated 18.01.2025 passed in Criminal Misc. No. 47811 of 2024. Though this amount has been ordered to be adjusted, still, the petitioner has been burdened with making additional payment of Rs. 10,000/- towards the interim maintenance amount of the opposite party no. 2 and 3. Learned senior counsel further submits that the opposite party no. 2 has sufficient means of earning and she is highly educated having degrees of MA and B Ed. On the other hand, although the petitioner has been getting salary of Rs. 90,000/- per month, he has taken a number of loans including car loan and other loans, for which, he is required to make payments of equated monthly installments and very less amount is left for the petitioner for his maintenance. But all these facts have not been considered by the learned Family Court, which has also failed to take into account the affidavit and documents filed by the petitioner in support of his contention. Therefore, the impugned order is not sustainable.
Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the impugned order is proper and reasonable and does not need any interference by this Court.
Perused the record.
From perusal of record, it is evident that the impugned order is an interim order granting maintenance to the opposite party nos. 2 and 3 at the rate of Rs. 10,000/- per month each. Opposite party no. 2 is the wife of the petitioner whereas opposite party no. 3 is the minor daughter of the petitioner. The petitioner has already been making payment of Rs. 10,000/- per month to opposite party nos. 2 and 3, at the rate of ₹5,000/- per month each. Whatever may be the grievance of the petitioner against the opposite party no. 2, there is no gainsaying that the petitioner is supposed to maintain his minor daughter which is a statutory as well as a pious obligation. The petitioner has already been making payment of Rs. 5,000/- each to the opposite party nos. 2 and 3 in terms of the orders passed in Criminal Misc. No. 47811 of 2024. So, effectively, the petitioner is now directed to make payment of Rs. 5,000/- more to the opposite party no. 2, his estranged wife. The petitioner has contended that his wife has deserted him without any valid reason. It has also been contended that the learned Family Court has not taken into consideration the documents and the affidavit filed on behalf of the petitioner. At the stage of passing orders for interim maintenance, the learned Family Court is not supposed to pass a detailed order appreciating all the materials and evidence which are yet to be adduced on behalf of the parties as it appears from the record. Whatever might be the contention of the petitioner, the petitioner has got the opportunity to raise all his contentions before the learned Family Court at the time of adducing his evidence and advancing his submissions and the learned Family Court would be duty bound to consider all the evidence and submission of the petitioner when passing the final orders. For the aforesaid reasons, at this stage, I hardly find any illegality, impropriety or infirmity in the impugned order.
Accordingly, finding no merit in the present petition, the same is dismissed.
However, the petitioner is at liberty to raise all issues/his grievances before the learned Family Court duly supported with evidence and the learned Family Court will consider the material placed before it by the petitioner before passing the final orders.