MOLASSERIYIL USHA Vs. MOLASSERIYIL KUNHIMON

JUDGEMENT

(1.) The wife, petitioner in M.C.No.97 of 1990 on the file of the Judicial First Class Magistrate Court, Payyannur is aggrieved that the direction contained in the judgment passed in the said case that she should be paid maintenance at the rate of Rs.200/- per mensem by the respondent herein was upset by the Sessions Court, Thalassery in Cri.R.P.No.112 of 1992.

(2.) In the aforesaid petition before the Judicial First Class Magistrate, Payyannur the present petitioner had claimed maintenance for herself at the rate of Rs.400/- per mensem besides maintenance for her two children who were petitioners 2 and 3 therein at the rate of Rs.300/- per mensem and after trial the Trial Court found it proper to grant maintenance to them at the rate of Rs.200/- and Rs.100/- respectively. The Sessions Court, in revision, upheld the finding regarding payment of maintenance to the children, but reversed the direction for payment of maintenance to the wife.

(3.) Mr.K. Ramakumar who appears for the revision petitioner submitted that the Sessions Court erroneously interfered with the findings of the Trial Court which alone was the court of facts. In the absent e of any finding that the finding of the Trial Court with regard to liability was perverse the Sessions Court, it is pointed out, erred in deleting the direction for payment of maintenance to the wife. Case law was also relied en in this regard.