SOORAJ K.R. Vs. LINCY

JUDGEMENT

(1.) This revision is filed challenging the order passed by Family Court, Thrissur on 29/6/2019 in M.C. No.6 of 2018. M.C. was filed by the 1st respondent before the Family Court, Thrissur seeking for monthly maintenance allowance at the rate of Rs.10,000.00 and Rs.5,000.00 respectively for herself and the 2nd respondent who is the minor child born in her wedlock with the revision petitioner. M.C. was tried along with O.P. No.1655 of 2016 seeking for a decree declaring the marriage as null and void and in the alternative, for a decree of divorce.

(2.) The averments of the 1st respondent, in the M.C were that the revision petitioner has neglected to maintain herself and the child from August, 2016 onwards, that he was working as a sales executive in a private firm at Ernakulam and was earning around Rs.40,000.00 monthly, that she has no means of livelihood. The revision petitioner had filed a detailed objection. The entitlement of the respondents for getting the maintenance allowance as prayed for is denied. It was stated that he was working as a sales man cum dealer of a private company and getting only Rs.10,000.00 monthly inclusive of his travel expenses. Accordingly, M.C was sought to be dismissed.

(3.) Before the Family Court common evidence was adduced in the Original Petition as well as M.C and it consists of the oral evidence of the 1st respondent as RW1 and two witnesses as RW2 and RW3. Exts.B1 to B6 series were also marked. On the side of the revision petitioner himself and a witness respectively were examined as PW1 and PW2. Exts.X1 to X5 were also marked as court exhibits.