RENJITH KUMAR Vs. MANJUSHA

JUDGEMENT

(1.) The revision petitioner herein challenges the maintenance order obtained by his wife and minor children from the Family Court Vatakara, under Section 125 of the Code of Criminal Procedure (for short the 'Cr.P.C.'). He married the first respondent in November 2006, and two children were born in July 2008. Her grievance is that she had been subjected to mental and physical harassment by her husband, and in February 2012 she was driven out with the children. She further alleges that her husband has not paid anything so far to her as maintenance since the separation.

(2.) The revision petitioner entered appearance in the trial court and resisted the claim of his wife and children on the contention that the wife has no reason to live separately, and that he is not capable to pay as claimed by the wife and children.

(3.) The trial conducted enquiry in the proceedings and recorded evidence. The wife examined herself as PW1 and the husband examined himself as RW1. His mother was also examined as RW2. No documentary evidence was adduced on either side.