P. K. SIVADASAN Vs. JAINY

JUDGEMENT

(1.) The revision on hand is filed against an order passed by Family Court, Ernakulam on 08.07.2019 in M.C. No.371 of 2017. The revision petitioner is the respondent in the M.C.

(2.) M.C. was filed under Section 125 Cr.P.C seeking for monthly maintenance allowance at the rate of Rs.15,000/- to the wife and Rs.10,000/- to the daughter. The Family Court has allowed the M.C and awarded monthly maintenance allowance as claimed by the petitioners. Seeking for a reversal of the order for the reasons that a valid marriage was not solemnised among the revision petitioner and the 1st respondent and that the 2nd respondent, a major, failed to establish exceptional circumstances which enable her to get maintenance allowance, under clause (c) of Sub Section (1) of Section 125 Cr.P.C.

(3.) The facts of the case in brief are summarised hereinbelow : For the sake of clarity, the parties to this revision will hereinafter be referred to as the respondent and the petitioners in accordance with their status in the M.C. The respondent married the 1st petitioner on 28.04.1996 and the 2nd petitioner was born in the wedlock on 09.05.1997. The 2nd petitioner was doing final year degree course at St.Albert's College, Ernakulam and the respondent was employed as LPG operator in Hindustan Petroleum Corporation at its Irumpanam Unit for a salary of Rs.90,000/-. The 1st petitioner left the respondent's company alongwith the 2nd petitioner on 14.12.2014 without any valid reason and started to reside separately. The respondent then preferred O.P. No.2213 of 2015 seeking for a decree for dissolution of marriage. The 2nd petitioner was diagnosed with Adolescent Idiopathic Scoliosis and had availed treatment for that from Lakeshore Hospital, Ernakulam. The petitioners have no means for their sustenance and therefore seeking for Rs.15,000/- and Rs.10,000/- respectively as monthly maintenance allowance, M.C was filed before the Family Court.