GANGADHARAN Vs. SANTHA

JUDGEMENT

(1.) REVISION petitioner is the counter petitioner in M.C No.347 of 2008 on the file of the Family Court, Ernakulam, a petition filed by the respondent under Section 125 of the Code of Criminal Procedure seeking an order directing the revision petitioner to pay at the rate of Rs. 10,000.00 per month as maintenance to the respondent with a plea that the revision petitioner married the respondent on 19.6.1976 at Karikode Bhagavathy Temple, Mulanthuruthy, in accordance with customary rites and had been living together as husband and wife. Out of the wedlock, two daughters were borne and they were given in marriage. The revision petitioner and the respondent resided together happily till 13.11.2002. Thereafter, she was deserted after ill-treating her and that the respondent was not able to maintain herself and that she was ailing and undergoing treatment.

(2.) THE petitioner is a qualified Medical Practitioner in Modern Medicine and retired as Medical Superintendent from the Government Hospital, Muvattupuzha on 28.2.2002. He was getting a monthly pension of Rs. 10,000.00. After retirement, he had been running a Clinic, namely, Dhanya Clinic at Vadayamady. In addition to that he was also employed in RCM Hospital, Thripunithura and thus he was getting a monthly income of Rs. 50,000.00.

(3.) DURING the course of the enquiry, the respondent and the revision petitioner were examined as PW1 and RW1. Exts. A1 to A7 were marked. On appraisal of the materials on record, the Family Court arrived at a conclusion that the respondent is the legally wedded wife of the revision petitioner and there was desertion. There was no material on record to come to a conclusion that the respondent was able to maintain herself. Though, the Family Court didn't arrive at a specific conclusion regarding the income of the revision petitioner, it was found that the respondent requires sum of Rs. 4,500.00 per month and the revision petitioner can well pay the same. In determining the quantum, the Court below also took note of the fact that this Court in W.P.(C) No.17762/2009 awarded interim maintenance to the respondent at the rate of Rs. 4,000.00 per month. Accordingly, the petition was allowed and an order was issued directing the revision petitioner to pay maintenance at the rate of Rs. 4,500.00 per month from 19.11.2008.