Madhya Pradesh High Court
Mohit Jain vs Smt. Sonali Jain on 1 December, 2015
CRR-2711-2015
(MOHIT JAIN Vs SMT. SONALI JAIN)
01-12-2015
Shri Pradeep Kumar Sharma, counsel for the applicant.
Heard on admission as well as I.A.No.20980/2015.
This criminal revision is directed against order dated
04.09.2015 passed by the Court of learned Family
Judge, Bhopal in M.Cr.C.No.744/2014, whereby an
application for interim maintenance filed on behalf of
the respondents Sonali and Ansh Jain has been allowed
and the applicant was directed to pay a sum of Rs.2,500/- per month to respondent Sonali and Rs.1,500/- per month to respondent Ansh Jain till the date of disposal of the miscellaneous criminal case. The order has been challenged on behalf of the applicant mainly on the ground that applicant Mohit Jain only get Rs.6000/- per month and learned Family Judge has directed him to pay a sum of Rs.4000/- by way of interim maintenance to his wife and son. It has also contended that the respondent is capable of maintaining herself and is living separately from the applicant of her own free will and accord.
On the basis of affidavits and other documents submitted by the parties, learned Family Judge concluded that whether the respondent Sonali is staying away from her husband of her own free will and accord is a matter to be adjudicated at the trial and no presumption can be made in this regard at the stage of interim maintenance.
Learned Family Judge further held that the applicant has not been able to file any documents to support his contentions that respondent wife is capable of maintaining herself and her minor son. So far as the income of applicant Mohit Jain is concerned, he is admittedly an Assistant Professor. He is B.E., M.Tech. It has been argued that so far as the M. Tech is concerned, he is yet to submit his thesis. However, it does not stand to reason that being so highly qualified and working on such a dignified post as an Assistant Professor, he would settle for a miserable salary of Rs.6000/- per month. In any case, learned Family Judge has awarded a meager amount of Rs.2,500/- per month for the wife and Rs.1500/- per month for the son, which the applicant husband can very easily pay.
The reasoning adopted by learned Family Judge, appeals to this Court.
Learned counsel for the applicant has not been able to point out any illegality, irregularity or impropriety in the impugned order, warranting interference by this Court under revisional jurisdiction.
Consequently, this criminal revision deserves to be and is accordingly dismissed in limine.
(C V SIRPURKAR) JUDGE