Allahabad High Court of Uttar Pradesh, while hearing the husband’s petition, stayed the family court’s order to give interim maintenance allowance to the wife. Allahabad High Court has said in its order that under Section 125 (4) of CrPC, if there is an allegation by the husband that the wife is indulging in adultery, then the family court will first decide this issue and only after the conclusion, the decision to pay maintenance will be made. Can give orders.
The court said that the Firozabad family court has not decided the issue of adultery in its order to give Rs 7,000 interim maintenance allowance to the wife. The court has stayed the implementation of the family court’s order granting interim maintenance and has issued a notice to the opposite wife and sought a reply within three weeks. The next hearing will be on 25th November.
What allegation did the husband make?
Justice Manjeev Shukla has given this order while hearing the husband’s application. In which the interim order passed by the Family Court Firozabad on 13 April 23 has been challenged. During the hearing, the lawyer on behalf of the husband told the court that in his objection to the wife’s Section 125 application, the husband accused her of living in adultery. But the court did not decide this and ordered to pay maintenance allowance.
Arguing on behalf of the husband, the lawyer told the court that according to Section 125 (4), the court does not have the right to issue an order to pay maintenance without deciding the objection. The court has considered the issue worthy of consideration.
