MOHAMMED MONU Vs. MISIRIYA

JUDGEMENT

(1.) The revision petitioner is the respondent in M.C. No. 99/2013 on the files of Family Court, Kasaragod. He is the husband of the divorced respondent herein. The above petition was filed by the respondent herein under section 125(1) of the Code of Criminal Procedure, seeking maintenance allowance from the revision petitioner.

(2.) It is the case of the respondent that she was the legally wedded wife of the revision petitioner herein. The marriage was solemnized on 26.08.2012 as per the customs and ceremonies prevailing in the Muslim community; but Talak was pronounced subsequently. So, she is entitled to get maintenance allowance from the revision petitioner under section 125(1) of the Code of Criminal Procedure. But the revision petitioner has been neglecting to maintain her and refused to pay maintenance allowance from 12.11.2012 onwards.

(3.) It is also alleged that as per the terms of Mediation, the revision petitioner agreed to pay Rs. 1,40,000/- and 3 sovereigns of gold ornaments to the respondent. But, the said agreement has not been performed so far. The respondent has no job or any source of income to eke out her livelihood. From 12.11.2012 onwards she is depending upon her parents for livelihood, whereas the revision petitioner is having real estate business and he is getting more than Rs. 30,000/- per month. She claimed an amount of Rs. 5,000/- per month towards her maintenance.