ANILAKUMARAN NAIR Vs. ASHALATHA M.J.

JUDGEMENT

(1.) The revision petition is filed questioning the legality and correctness of the order in M.C.No.196/2014 dtd. 21/12/2026 of the Family Court, Nedumangad, ordering the revision petitioner to pay the respondent - his divorced wife - monthly maintenance allowance @ Rs.8,000.00 from the date of petition (19/6/2014). The revision petitioner was the respondent and the respondent was the petitioner before the Family Court. Brief facts

(2.) The respondent had filed the application under Sec. 125 of the Code of Criminal Procedure (in short, 'Code'), inter-alia, contending that she was married to the revision petitioner on 10/4/1988. The revision petitioner deserted the respondent from 2011. The respondent has no job or income. They have two children born in the wedlock. The respondent is depending on her parents for the livelihood of herself and children. The revision petitioner is an Exserviceman drawing a pension of Rs.18,000.00. He is also working in the K.S.F.E., Vattapara Branch and drawing a monthly salary of Rs.9,000.00 per month. He is also owning a mini bus and getting a monthly income of Rs.45,000.00 and interest on the fixed deposit to the tune of Rs.5,000.00 per month. The respondent is entitled to monthly maintenance allowance @ Rs.15,000.00. Hence, the application.

(3.) The revision petitioner opposed the application by filing a written objection. He admitted the marriage as well as the paternity of the children. He also admitted that he is an Ex-serviceman. It was his case that the children have attained majority and the respondent is working as Data Entry Operator. Actually, the respondent has ousted the revision petitioner from his house. The respondent is earning income from the landed property of the revision petitioner. The revision petitioner is suffering from various ailments. He is not in a position to maintain the respondent. He is only getting a meager amount as pension and has to look after his aged mother. Hence, the application may be dismissed.