JAMALUDHEEN Vs. RAJEENA

JUDGEMENT

(1.) The above petition is filed to condone the delay of 909 days in re-presenting the above appeal. We have heard learned Counsel for the petitioner on merits for admission. We are proceeding to dispose of the appeal straight away. In these circumstances, we are satisfied that a lenient view can be taken and the delay can be condoned. Petition allowed. Delay condoned. Number the appeal.

(2.) This appeal is preferred by the appellant, who is the husband/father of the respondents herein, a young woman aged 25 years and her daughter, aged 3 years. Respondents claimed maintenance at the rate of Rs. 4,000/- and Rs. 3,750/- respectively. Past and future maintenance were claimed. O.P. was filed for past maintenance for a period of 29 months. M.C. was filed under Section 125 Cr.P.C. claiming future maintenance. Both matters were disposed of by a common judgment.

(3.) Marriage and paternity are admitted. That there was strain in the relationship and the spouses were residing separately is admitted. That the husband is employed abroad and is not available in India is also conceded. The wife advanced matrimonial cruelty as a ground to justify her separate residence. She examined herself as PW1. The husband did not examine himself, instead his father was examined as RW1. The court below accepted the oral evidence of PW1 about matrimonial cruelty and held that the wife is entitled for separate maintenance.