K.K.JAYAN Vs. NISHAMOL.N

JUDGEMENT

(1.) REVISION petitioner is the counter petitioner in M.C No.71 of 2009, a petition filed by the respondents, who are none else than the wife and children of the revision petitioner, under Section 125 of the Code of Criminal Procedure. The respondents in their petition contended that the revision petitioner married the first respondent on 29.3.1999, in accordance with the customary rites and had been living together as husband and wife. Out of the wedlock, respondents 2 to 4, who were then aged 9, 6 and 4 years respectively, were borne and that on 14.11.2007, the revision petitioner disappeared from the matrimonial house. Ever since the respondents were not provided any maintenance and that the respondents had no means for their maintenance. With these pleadings, the first respondent sought order for maintenance at the rate of Rs. 3,000.00 per month. For other respondents, maintenance was sought at the rate of Rs. 2,500.00 per month.

(2.) REVISION petitioner in his counter statement didn't dispute the status of the respondents, but pleaded that the first respondent treated him with cruelty and that the respondents left the matrimonial home without any reason. He also contended that the first respondent was employed as a teacher in an English Medium School and was having a life of her own. The revision petitioner was a driver by profession and that the revision petitioner was ready and willing to maintain respondents 2 to 4 with limited means, and that he is not liable to maintain the first respondent.

(3.) THE family court on appraisal of the evidence, arrived at a finding that the respondents were deserted and that they were having no means for their livelihood. The revision petitioner was found working as a driver in a stage carriage bus and his monthly income was estimated to Rs. 10,500.00 per month. On the above finding, the revision petitioner was directed to pay maintenance to first respondent at the rate of Rs. 1,500.00 per month, for respondents 2 and 3 maintenance at the rate of Rs. 750.00 per month and at the rate of Rs. 500.00 per month for the 4th respondent, total Rs. 3,500.00 per month.