N.K. CHANDRIKA Vs. C.K. SADASIVAN

JUDGEMENT

(1.) UNDER challenge is the order dated 31/3/2010 passed in M.C.No. 195/2008 whereby the Family Court of Ernakulam dismissed the maintenance application filed by the petitioner on the ground that there was an agreement entered and whereby she was paid a sum of Rs. 50,000 (Rupees fifty thousand only) towards her all past and future maintenance claim.

(2.) THE marriage between the petitioner and the respondent was held on 18/10/1989, in accordance with their religious rites and ceremonies. It was alleged that money and gold ornaments were given at the time of marriage to the respondent. According to the petitioner, she was compelled to leave the matrimonial house within 3 months from the date of marriage due to the ill -treatment by the respondent. The marital relationship between the petitioner and the respondent was dissolved as per the decree in O.P.No. 457/2003 dated 26/5/2003. According to the petitioner, the respondent being her former husband, is liable to pay reasonable amount to meet her maintenance expense and that he was employed in Krishi Bhavan, Okkal earning Rs. 16,000/ - per month by way of salary. Besides that he has landed property and out of which he is getting monthly income of Rs. 1,500/ -. Therefore, the petitioner claimed Rs. 4,000/ - per month for her maintenance.

(3.) SINCE counseling failed between the petitioner and the respondent, evidence was adduced by both the parties, PW1 and RW1 were examined and Exts.A1 and C1 were marked. After perusing the evidence on record, the trial court, in view of the Ext.C1 agreement, come to the conclusion that the claim of the petitioner for maintenance is not sustainable in law and accordingly, dismissed the petition. The said order is under challenge.