ABDUL SAMAD Vs. SULAIKHA

JUDGEMENT

(1.) The revision petitioner is the respondent in M.C. No. 215/10 on the files of the Family Court, Malappuram. He is the husband of the 1st respondent as well as the father of the respondents 2 to 4. The above petition was filed by the respondents herein under Section 125(1) of the Cr.P.C., seeking maintenance claim from the revision petitioner. According to the respondents, the 1st respondent is the legally wedded wife of the revision petitioner and the respondents 2 to 4 are the children born in that wedlock. They are legally entitled to get maintenance allowance from the revision petitioner under Section 125(1) of the Cr.P.C. But, he has been neglecting to maintain them and refusing to pay maintenance allowance to them from 25-1-2009 onwards. The 1st respondent has no job or any source of income to eke out livelihood for them. Now, they are depending upon the parents of the 1st respondent; whereas the revision petitioner is a trader in dress materials and carpets, engaged in importing them from Mumbai, Bangalore, etc and he is having an income of Rs. 20,000/- per month. In addition to that, he has landed property worth Rs. 10 lakhs and bank balance also. The respondents claimed maintenance allowance @ Rs. 5,000/-, Rs. 3,000/, Rs. 3,000/- and Rs. 2,000/- respectively per month.

(2.) The revision petitioner filed a counter affidavit admitting the marital status of the 1st respondent as his legally wedded wife and the paternity of the respondents 2 to 4 as the children born in that wedlock. But, he denied all other averments in the petition. He has no case that the respondents have any source of income or that they are not capable of maintaining themselves. According to him, he is not a trader in textiles or carpets as alleged by the respondents. So also, he does not have landed property worth Rs. 10 lakhs. He is an ordinary coolie worker and he is suffering from ailments also. But, he, at the same time, expressed his willingness to look after the respondents.

(3.) After considering the rival contentions, the court below directed the revision petitioner to pay maintenance allowance @ Rs. 2,000/- to the 1st respondent, Rs. 1,000/- to the 2nd respondent, Rs. 700/- to the 3rd respondent and Rs. 500/- to the 4th respondent per month from the date of filing the above M.C. The legality and propriety of the said direction are under challenge in this Revision Petition.