MUHAMMED SIYAD Vs. JASNA

JUDGEMENT

(1.) Order passed by Family Court, Nedumangad on 30.07.2016 in M.C.No.90 of 2016 is under challenge in the revision on hand.

(2.) For the sake of clarity, the parties to this revision will hereinafter be referred to as the respondent and the petitioner in accordance with their status in the M.C. before the Family Court. M.C was filed under Section 125 of the Code of Criminal Procedure (for short 'Cr.P.C.') by the petitioner, who is the legally wedded wife of the respondent as per marriage solemnized on 29.09.2013 at Pothencode. She has been deserted and neglected to be maintained by the respondent from 12.09.2015 onwards. According to the petitioner, more dowry was demanded by the respondent and also threatened stating that she would be divorced if the demand for additional dowry is not met with. The respondent was alleged as having a salary of Rs.30,000/- from his job as a Civil Police Officer and monthly earning of Rs.1,00,000/- from the poultry and dairy farms conducted by him. Rs.15,000/- was claimed as monthly maintenance.

(3.) In the objection filed by the respondent, the marriage and the status of the petitioner as wife was admitted. The claim for maintenance was alleged as not maintainable for the reason that it was barred by estoppel. According to him, the adamant attitude of the petitioner and inability of the respondent on account of that, to proceed with the marital relationship, settlement talks at the intervention of Jama Ath authorities and mediators failed and ultimately the marital relationship was terminated by pronouncing Talaq on 22.01.2016. Due intimation of Talaq was also given to the petitioner. Thereafter an agreement was allegedly entered between the petitioner and the respondent whereby all financial claims including claim for maintenance were settled on 22.01.2016. Therefore, the petitioner is estopped from claiming monthly maintenance from the respondent under Section 125 Cr.P.C. It was also contended that the petitioner after completing her D Pharm, is working in a medical store at Pothencode Junction and earning Rs.7,500/- monthly as salary. According to him, the claim of the petitioner for monthly maintenance is defeated for her ability to maintain herself. He seeks for dismissal of the petition.