YOUSUFF Vs. NAFEESAKUTTY

JUDGEMENT

(1.) The appeal is filed against an order passed by the Family Court, Ottapalam in O.P.No.47/2013 (old No.601/2010) directing past and future maintenance to be paid at the rate of Rs.2,500/- for 1 st petitioner and 1,500/- for 2nd petitioner and Rs.1,000/- each for 3 rd and 4th petitioners.

(2.) Apparently, the wife and minor children were not being maintained by the appellant. Only question is whether, he has an obligation to pay maintenance and whether he is in a financial capacity to pay the maintenance. According to the 1 st petitioner/wife, husband was living abroad and working as a driver in Gulf countries and he was getting a salary of Rs.45,000/-. Though this fact has been disputed, no evidence has been adduced by the husband to prove his actual salary. Under such circumstances, the Family Court was justified in directing maintenance to be paid at the above said amount.

(3.) Under such circumstances, we do not find it necessary to interfere with the order of maintenance.