SWAMINATHAN Vs. PRIYA

JUDGEMENT

(1.) The counter petitioner in M.C. No. 374/2011 of Family Court, Palakkad is the revision petitioner herein. The respondents herein through the first respondent filed an application for maintenance before the Family Court, Palakkad under Section 125 of the Code of Criminal Procedure.

(2.) It is alleged in the petition that the first respondent is the wife of the revision petitioner and other respondents were born to them in that wedlock. Their marriage was solemnized on 7.5.2000. After four months of their marriage, the revision petitioner started ill treating the first respondent both physically and mentally demanding more dowry. He was even suspecting the chastity of the first respondent and used to spread false rumours against the first respondent. Since she felt that her life will be in danger in the matrimonial home, she was compelled to leave the home. The revision petitioner used to come to the parental house and abuse her. She filed a complaint before the Judicial First Class Magistrate Court, Chittur regarding the same. The first respondent has no income of her own to maintain herself. The revision petitioner is a toddy taper and getting Rs. 500/- per day. He is capable of paying maintenance. So they filed the petition.

(3.) The respondent in the lower court filed counter denying the allegations and also stated that he is not getting so much income as mentioned and first petitioner is having sufficient income to maintain herself and children. The interim maintenance was awarded during the pendency of the proceedings. Since the revision petitioner did not pay interim maintenance, the family court struck off his defence and the first respondent was examined as PW1 and relying on the evidence of PW1, the family court allowed the petition directing the revision petitioner to pay maintenance at the rate of Rs. 3,000/- to the first petitioner and Rs. 2,500/- each to the second and third petitioners from the date of petition namely 18.11.2011. Aggrieved by the same, the present revision has been filed by the revision petitioner/counter petitioner before the court below.