IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.360 of 2007 HASAN IMAM Versus MAHZABI PARVIN ----------- 2 18.8.2008 Heard Counsel for the petitioner. In the opinion of this Court, whenever a muslim husband chooses to oppose the grant of maintenance to the wife under Section 125 of the Code of Criminal Procedure (Cr.P.C.) by taking a plea in defence that he has already divorced his wife and therefore, is protected under the provisions of Muslim Women (Protection of Right of Divorce) Act, 1986, the Family Court has not to believe such statement as wholly sacrosanct and a gospel truth. It being a defence is always required to be looked into, examined and decided in the light of evidence on record and thus till such proceeding u/s 125 Cr.P.C. comes to an end by a final order, the Family Court upon prima-facie examination of such plea can definitely pass an order for grant of interim maintenance. In the present case too, the family Court having made prima-facie review of the materials has not find any merit in the alleged plea of divorce of the petitioner. Accordingly, this Court does not find any infirmity in the impugned order which is only by way of grant of interim maintenance at the rate of Rs. 2 1,000/- per month. Counsel for the petitioner then submits that since he is paying Rs. 800/- for the maintenance of his children and as such the fixation of a further amount of Rs. 1,000/- for his wife is wholly arbitrary and exorbitant. In the opinion of this Court, even on the question of quantum, this Court is satisfied that the said quantum of Rs. 1,000/- per month is neither excessive much nor illegal. In that view of the matter, this application lacks any merit and the same is hereby dismissed. The Court below is hereby directed to ensure that the arrear and current towards interim maintenance as directed by the impugned order, is realized from the petitioner within a period of one month from the date of receipt/production of a copy of this order. Rsh (Mihir Kumar Jha, J.)