RAMESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision on hand is filed against an order passed by Family Court, Ottapalam on 30.04.2016 in M.C No.64/2014. The revision petitioner is the respondent in the M.C. The parties to this revision will be referred to hereinafter as the respondent and the petitioners in accordance with their status in the M.C.

(2.) The facts of the case relevant for disposal of this case are summarised hereunder:

(3.) The respondent has admitted the status of the 1 st petitioner as his wife and the 2 nd petitioner as his daughter. It was contended that he had never treated the 1 st petitioner with cruelty based on demand of dowry. According to him, on 05.04.2012, following a quarrel between himself and his family members on the one hand and the 1st petitioner on the other, she left the matrimonial home voluntarily taking her dress and gold ornaments. Though mediators intervened, the 1st petitioner did not turn back to live with the respondent . The 1st petitioner was working as a School Teacher in a Private School and was getting Rs.10,000/- per month. Therefore, having means on her own to sustain her livelihood, she is not entitled to get any maintenance from the respondent under Section 125 Cr.P.C. The respondent is working on daily wages of Rs.300/- as a Coolie in a Company which makes gold ornaments. He has also to maintain his aged parents. He has no property or other income. Therefore, he seeks for dismissal of the petition .