LAWS(KER)-2020-1-339

BINEESH Vs. SIMI AND ORS.

Decided On January 22, 2020
BINEESH Appellant
V/S
Simi And Ors. Respondents

JUDGEMENT

(1.) The revision petitioner is the respondent in M.C. No. 77/2013 on the file of the Family Court, Mavelikkara. The respondents in this revision petition (RP(FC)) were the petitioners in the Maintenance Case (M.C).

(2.) The respondents had filed the M.C., inter alia, contending as follows: The first respondent is the wife of the revision petitioner. The second respondent was born on 15.9.2006 in their wedlock. The revision petitioner has willfully refused to maintain them since 19.4.2013 onwards. The first respondent does not have any job or source of income, and she is depending on her parents for the maintenance of herself and the child. The revision petitioner is working in a construction company abroad and is getting a monthly income equivalent to Rs. 25,000/-. In addition to the above income, he earns Rs. 2,000/- from his landed property. The respondents sought an amount of Rs. 3,000/- and Rs. 3,500/-, respectively, as monthly maintenance from the revision petitioner.

(3.) The revision petitioner resisted the M.C. He filed a counter statement, inter alia, contending as follows: He admitted the marriage as well as the paternity of the second respondent. According to him, he was employed in a company where the father and brother of the first respondent was employed. He was doing scaffolding work in a construction company. He was getting only a meagre salary. He used to sent Rs. 6,500/- per month as maintenance to the respondents from abroad. However, his father committed suicide on 19.4.2012. Thereafter, his mother turned sick, and he returned to India. At present, he does not have any employment or source of income and he is unable to maintain the respondents.