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Judgment
Tarun Kumar Kaushal, J.—Present petition is directed against the order dated 23/10/2013 passed in M.J.C. No. 149/2013 by IInd Additional Principal Judge Family Court, Jabalpur by which interim maintenance of Rs. 2,000/- was awarded to the respondent/wife.
Learned counsel for applicant submits that without considering documentary proof, Family Court has directed for grant of Rs. 2,000/- as interim maintenance, whereas, applicant is village photographer having hardly income of Rs. 1,500/- per month.
Learned counsel for respondent submits that petitioner is having sufficient income by photography in village also and amount of interim maintenance has been awarded on a lower side itself.
Learned counsel for applicant submits that applicant preferred application u/s 9 of Hindu Marriage Act for restitution of conjugal rights, but withdrawn by him because of tough and negative attitude of respondent.
Learned counsel for respondent submits that for meeting her daily needs Rs. 2000/- not much amount and it has been awarded only upto disposal of the main application.
Considering the aforesaid and fact that respondent preferred application u/s 125 Cr. P.C. seeking maintenance of Rs. 5,000/-, there appears no needs and occasion to interfere the quantum of ad interim maintenance and order of interim maintenance is affirmed and parties are directed to cooperate the trial in Family Court and Family Court shall decide the matter expeditiously within 4 month from the date of receipt of certified copy of this order.
Record of trial court be sent back to Family Court.
Certified copy as per rule.