AI Structured Summary
Not yet generated for this judgment
Judgment
Hon''ble Prafulla C. Pant, J.—Heard.
By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the order dated 17.09.2011, passed by Judge Family Court, Hardwar, in Case No. 120 of 2009, u/s 125 of Cr.P.C., refusing the interim maintenance to the petitioners.
Learned counsel for the petitioners submitted that admittedly the petitioner no. 1 Alvina is wife of the respondent Nitin Singh. It is also not disputed that respondent no. 2 Km. Piyush is minor daughter, born out of the wedlock. It is argued that the trial court has committed grave error of law in declining the interim maintenance to the petitioners.
On going through the impugned order passed by the trial court, this court finds that so far as the petitioner no. 1 Alvina is concerned, the trial court has given the reason that since prima facie it was found that she was living separately from her husband without sufficient cause, even after decree is passed u/s 9 of Hindu Marriage Act, 1955, as such she is not entitled to interim maintenance. However, the trial court''s order is silent as to why itrefused interim maintenance to minor daughter.
In the circumstances, this petition u/s 482 of Cr.P.C., is summarily disposed of directing the Judge Family Court, Hardwar, to pass orders as to entitlement of interim maintenance to the petitioner no. 2 i.e. Km. Piyush. With this direction this petition u/s 482 of Cr.P.C, is disposed of summarily.