The petitioner-wife has filed this petition under Articles 226 and 227 of the Constitution of India with the following main prayers;
[b] Your Lordships may be pleased to quash and set aside the order dated 25.11.2010 passed by the learned Family Court Judge under application Exh. 3 in the Criminal Misc. Application No. 44/2010 staying the payment of the interim maintenance till the final disposal of the main matter, and be further pleased to restore the order dated 23.03.2007 passed in the Criminal Misc. Application No. 755/2004.
[c] Your Lordships may be pleased to also enhance the amount of maintenance in view of the illness of the petitioner and old age if deemed fit and proper in the facts of this petition.
2. Having heard learned advocates for the parties and on perusal of the record, it appears that the petitioner committed adultery and claimed maintenance from her husband.
Considering the overall facts and circumstances of the case, I am of the considered opinion that no interference is called for by this Court in exercise of writ jurisdiction under Articles 226 and 227 of the Constitution of India.
Accordingly, this petition is dismissed.
Notice is discharged.
[Anant S. Dave, J.] *pvv Top