LAWS(KER)-2020-8-132

SHINTE GEORGE Vs. LISHA P.S.

Decided On August 10, 2020
Shinte George Appellant
V/S
Lisha P.S. Respondents

JUDGEMENT

(1.) The revision on hand is directed against an order passed by Family Court, Nedumangad on 30.09.2015 in M.C.No.169 of 2015. The revision petitioner is the respondent in the M.C. M.C was filed under Section 125 of the Code of Criminal Procedure (for short ' Cr.P.C ') seeking for a sum of Rs.7,000/- as monthly maintenance from the revision petitioner. The Family Court allowed the M.C in part and directed the revision petitioner to pay Rs.6,000/- as monthly maintenance to the petitioner. The parties to this revision are referred to hereinafter as the respondent and the petitioner in accordance with their status in the M.C. before the Family Court.

(2.) The facts of the case relevant for consideration of this revision are summarised hereinbelow:- The petitioner and the respondent got married on consequently, the petitioner was deserted by the respondent on 14.01.2015. The petitioner being unemployed was incapable of supporting herself in the matter of maintenance. Therefore, the M.C was filed. The respondent was working as a conductor in K.S.R.T.C and alleged as getting a salary of Rs.16,000/-.

(3.) In the objection filed by the respondent it was contended that the petitioner has deserted him. The respondent has only a basic salary of Rs.10,750/- at the relevant time and he has also to maintain his age old parents. It is also contended that the petitioner is capable of maintaining herself with her earnings obtained from tuitions and violin coaching.