SHINU KUMAR S. PILLAI Vs. BINDU SUKUMARA PILLAI

JUDGEMENT

(1.) The revision petition is filed questioning the legality and correctness of the order in M.C.No.38/2014 of the Family Court, Muvattupuzha, ordering the revision petitioner to pay the respondent monthly maintenance allowance @ Rs.5,000.00 from the date of application. The revision petitioner was the respondent and the respondent was the petitioner before the Family Court.

(2.) The respondent had filed the application under Sec. 125 of the Code of Criminal Procedure,1973 ('Code', for the sake of brevity), inter-alia, asserting that she was married to the revision petitioner on 24/6/2010 at Chottanikkara Devi Temple and they resided together as husband and wife at the residence of the revision petitioner at Chathannoor Village. The revision petitioner is employed in Muscat and is earning a monthly income of Rs.1,00,000.00. The revision petitioner deserted the respondent since 16/10/2012 and has refused to maintain her. The respondent requires Rs.10,000.00 for her monthly maintenance. Hence, the application.

(3.) The revision petitioner through his power of attorney holder filed a written objection refuting the allegations in the application. He contended that there was no valid marriage between him and the respondent. In fact, the respondent and one 'Krishna Kumar' had borrowed an amount of Rs.8,00,000.00 from the revision petitioner and they refused to return the said amount to him. Instead of returning the amount, the respondent has fraudulently filed the present application. The respondent is running a security service along with Krishna Kumar and is earning a monthly income of not less than Rs.10,000.00. The revision petitioner is only earning Rs.15,000.00. He has to maintain his parents. Hence, the application may be dismissed.