SHINE S.S Vs. MINI V

JUDGEMENT

(1.) The respondent in M.C. No.279 of 2015 on the files of the Family Court, Nedumangad is the revision petitioner before this court. He is challenging the order of the Family Court whereby the court has allowed maintenance to the wife and minor child at the rate of Rs.6,000.00 and Rs.4,000.00 respectively from 23/7/2015 onwards.

(2.) The petitioner herein and the first respondent got married on 19/5/2005 and out of the wedlock the 2nd respondent was born on 27/3/2007. According to the first respondent, she has no job and source of income whereas the revision petitioner is a driver by profession owning an auto-rikshaw and a car and his monthly income is Rs.35,000.00 and moreover, he is getting Rs.10,000.00 from agriculture. She further alleges that they were deserted by the petitioner from 10/2/2015 onwards and they are not paid any maintenance.

(3.) The revision petitioner filed an objection admitting the marriage and the paternity of the child. He contended that there is no desertion on his part and it was the first respondent who deserted him. He admits that he is auto-rikshaw driver but denied the fact that he is owning an auto and that his monthly income is Rs.4,000.00. He submitted before the Family Court that his wife is employed in Penpol Company, drawing a monthly salary of Rs.10,000.00.