ORDER
Rekha Kumari, J.
Page 1278
1. Heard.
2. This is an application filed under Section 482 of the Code of Criminal procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 3.6.2005 passed In Maintenance case No. 16(M) of 2003 by the Additional Principal Judge, Patna by which he has passed an interim order of maintenance set the rate of Rs. 500/- per month to the wife opposite party No. 2 to be paid by the petitioner.
3. Learned Counsel for the petitioner submitted that the petitioner is a deaf and dumb and that he has no sex source of income. Besides this, the wife is not ready to live with him. Hence, awarding of interim maintenance and that too of such amount (Rs. 500/-) is improper.
4. Learned A.P.P. opposed the prayer and submitted that the plea of the petitioner that the wife is not ready to live with him can be considered at the time of final disposal of the case and the present order is only interim in nature.
5. After hearing the submissions of both the parties and perusing the impugned order I also find that though the petitioner is deaf and dump, it is admitted that opposite party No. 2 is the wife of the petitioner and she is living separately as and no maintenance is being paid to her by the petitioner. Even if it be assumed that the petitioner has no source of income, it is not denied that he is an able bodied man whereas there is nothing to show that the wife is able to maintain herself.
6. Therefore, if the learned Court below has allowed interim maintenance to Opposite party No. 2 and has granted a sum of Rs. 500/- per month, there appears to be no infirmity in the impugned order. The amount is not excessive considering the cost of living and the amount which an able bodied man can earn.
7. So, I do not find any reason to interfere with the impugned order. This application is, therefore, dismissed. It is, however, observed that when the interim maintenance has been allowed to the wife, the learned court below must take necessary steps for early disposal of the case.