MUJIB RAHIMAN Vs. KAJA HUSSAIN ALINE NAHAS

JUDGEMENT

(1.) This Original Petition (Criminal) has been filed under Article 227 of the Constitution of India at the instance of the respondent in M.P.No.1165/2019 in M.C.No.423/2019 on the file of Family Court, Ernakulam, and he impugns order dtd. 21/4/2021 in the above petition.

(2.) The respondents herein, who are wife and minor children, had approached the Family Court and pressed for grant of allowance of maintenance under Sec. 125 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C' for short). Along with the main petition, MP.No.1165/2019 also was filed seeking interim maintenance @ Rs.1.00 lakh each per month to the 2nd and 3rd minor respondents. The specific contention raised by the respondents before the Family Court was that even at the time of marriage and thereafter for a long period, the spouses resided in a studio apartment in Dubai and employed there. Thereafter, the relationship was strained. The specific case of the respondents is that the petitioner as well as the 1st respondent are Chartered Accountants and the petitioner has been earning Rs.15.00 lakh per month.

(3.) The petitioner filed objection admitting their marriage as well as paternity. It has been contended that the 1st respondent is the gold medal winner for Kerala topper for C.A intermediate and Final Exams and she has been getting a very high income. In the lengthy objection filed, in paragraph 41 of the objection the income of the 1st respondent has been highlighted as under: