An application u/s 125 CrPC in November 2010 was filed by the wife. She also filed a petition for Interim Maintenance. The same was ordered by the Family court on the ground that when the respondent is husband,he has to pay interim maintenance vide order dated 18-11-2011 for a period of trial of the case..
The respondent (Husband) filed an application u/s 482 of CrPC. The Hon'ble Highcourt admitted the application and reduce the amount of maintenance vide order dated 02-01-2012. Consequently the next date of hearing was fixed by the court for 24-03-2016 (Period of morethan four years gap).
The case was under trial for a period of more than five years and final order was passed on 31-08-2015 in which the Familycourt rejected the application of wife. The Family court rejeted the application on the grounds that petition(wife) is failed to produce any documentary evidence and allegations mentioned in the petition are only imiginary.
The petitioner (wife) filed a Criminal Revision Petition before the Hon'High Court. The husband also filed a CAVEAT before the Hon'ble High Court. It is understand that this case will be heard by the Hon'ble High Court but what will be the fate of application u/s 482 filed by the husband in the year 2011 and still pending in the court fixed for hearing in March, 2016.
All the learned members are requested to give their views with citation if in their knowledge.
In my view the application u/s 482 CrPC filed by the husband in the year 2012 against the interim order of Family Court should be decided first by the Hon'ble Highcourt after considering the final order of trial court. The Hon'ble Highcourt may be requested to direct the petitioner (wife) to return full amount of maintenance already paid by the husband on monthly basis for a period of 48 months.
