LAWS(KER)-2014-9-134

JISHAR PILATHOTTATHIL Vs. UMMU HABEEBA VELLATHODI

Decided On September 16, 2014
Jishar Pilathottathil Appellant
V/S
Ummu Habeeba Vellathodi Respondents

JUDGEMENT

(1.) The revision petitioner is the respondent in M.C. No. 330 of 2013 on the files of the Family Court, Tirur. He is the husband of the 1st respondent as well as the father of the 2nd respondent herein. The respondents filed the above M.C. under Sec. 125 of the Code of Criminal Procedure seeking maintenance for them from the revision petitioner on the allegation that the revision petitioner has been neglecting to pay monthly maintenance allowance to the respondents from 15-06-2011 onwards. According to them, the revision petitioner has not paid any amount after 15-06-2011. The 1st respondent has no job or income and she is unable to maintain herself and the 2nd respondent. Now, the respondents are depending upon the income of the 1st respondent's parents for their livelihood.

(2.) The revision petitioner entered appearance and contending that he is employed in a small footwear shop at Bangalore and getting a monthly salary of 4,500/-. He has admitted the marriage with the 1st respondent and the paternity of the 2nd respondent. According to him, he has to look after his father and mother. So, he is unable to pay maintenance allowance as claimed by the respondents.

(3.) The 1st respondent was examined as PW1 and the revision petitioner was examined as RW1. After considering the evidence on record, the court below directed the revision petitioner to pay maintenance allowance @ 3,000/- to the 1st respondent and 2,000/- to the 2nd respondent from the date of petition. This order is under challenge in this revision petition.