IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.548 of 2008 MD. MUSTAPHA Versus LADALI KHATOON @ MADHU ----------- 7 16.09.2008 Heard counsel for the petitioner. In the opinion of this Court, the impugned order directing petitioner to pay a sum of Rs. 1500/- per month by way of interim maintenance under Section 125 Cr.P.C., pending final determination of such maintenance cannot be said to be either illegal or excessive. This Court has heard counsel for the petitioner at length who would submit that since the petitioner was willing to keep his wife-the opposite party with him, the Court below ought to have not passed the impugned order granting such interim maintenance. Having considered the aforementioned submission, this Court is of the view that if a woman finds herself to be unsafe situation and in fact has already lodged a criminal alleging case physical and mental torture under Section 498(A) I.P.C. that by itself would be a good ground at least for her to refuse to live with the husband till such criminal case is not found to be false. That being so, the only ground for refusing payment of interim maintenance by the petitioner to his wife seems to be wholly misconceived. - 2 - This Court accordingly would not find any merit in this application and the same is hereby dismissed with a direction to the petitioner to pay the amount as directed by the Court below in the impugned order within a period of one month failing which the Court below shall be at a liberty to take an appropriate coercive action against the petitioner. Bibhash (Mihir Kumar Jha, J.)