R.NABEESA Vs. P.IBRAHIM

JUDGEMENT

(1.) In the revision on hand challenge is raised against an order passed by Family Court, Thalassery in M.C.No.97 of 2014 to the extent it declined the claim of the 1st petitioner for monthly maintenance and to the extent it allowed claims of the 2 nd and 3rd petitioners, in part. Revision petitioners are the petitioners in the M.C who are the wife and two minor children born to the respondent in his 2nd marriage with the 1st petitioner.

(2.) M.C.No.97 of 2014 was filed by the 1st revision petitioner claiming Rs.10,000/- as monthly maintenance to herself and Rs.5,000/- each as monthly maintenance to 2nd and 3rd revision petitioners. For the sake of clarity, the parties to the revision will hereinafter be referred to as petitioners 1,2 and 3 and respondent in accordance with their status in the M.C. before the Family Court.

(3.) 1st petitioner has pleaded in the M.C that the respondent married her on 07.10.2004 and the 2nd and 3rd petitioners were born in that wedlock, that after the birth of the 3 rd petitioner the respondent and his relatives started to ill-treat her raising demands for more gold and money, that the respondent is a police officer at Karnataka drawing Rs.39,000/- as salary, that he is having landed properties yielding Rs.3,00,000/- as income annually, that she was having no income to maintain herself and the children, that the 2nd petitioner is aged 9 years and studying in 3rd standard and the 3rd petitioner is aged 5 years and that the claim for maintenance was raised since the respondent has neglected to maintain them.