XAVIER Vs. SIJI

JUDGEMENT

(1.) The revision petitioner is aggrieved by the maintenance order obtained by his wife and minor daughter from the Family Court, Thrissur in a proceeding under Section 125 of Cr.P.C. He married the 1st respondent on 18.5.2003, but in 2007, she was compelled to file an application for maintenance as M.C. 191 of 2007. Pending the said proceedings, the parties settled the dispute and reunited. However, she had to leave the matrimonial home again on 14.9.2010, when she found the cruel habits of the husband unbearable even after reunion. Later in 2011, she brought M.C. 592 of 2011 for maintenance for her and the minor daughter.

(2.) The revision petitioner entered appearance in the trial court and resisted the claim mainly on the contention that his wife has her own source of income, and that she has no reason to live separately.

(3.) The trial court conducted enquiry in the proceedings and recorded evidence. The wife examined herself as PW 1 and the husband examined himself as RW 1. He also produced Exts. B1 to B3 documents. On an appreciation of the evidence, the trial court found that the wife has her own reason to live separately, and that she has no source of income of her own. Finding that the husband is a mason by profession having sufficient income, the trial court directed him to pay maintenance to the wife at the rate of 2000/- per month, and to the minor daughter at the rate of 1500/- per month. The said order dated 4.11.2011 in M.C. 592/2011 is under challenge in this revision.