UNNIKRISHNAN Vs. SUBHA

JUDGEMENT

(1.) COUNTER petitioner in M.C. No. 607/2010 on the file of the Family Court, Thrissur, is the revision petitioner herein. The case was filed by the respondent herein, who is the divorced wife of the revision petitioner, claiming maintenance from the revision petitioner under Section 125 of the Code of Criminal Procedure. It is alleged in the petition that, the marriage was solemnised on 08.05.1994 and thereafter they were living as husband and wife and later he deserted her. The respondent is a carpenter getting Rs.20,000/ - per month and she requires Rs.5,000/ - per month as maintenance. Respondent who is the revision petitioner herein filed counter contending that he filed an application for restitution of conjugal rights and she did not appear and thereafter he filed O.P. No. 91/2009 for divorce and the same was allowed and he married another woman and a child was born to him in that wedlock. She had left the company without any reason. She is doing some black magic and earning sufficient income and he is not getting any income as alleged in the petition, so he is not liable to pay maintenance to the respondent and he prayed for dismissal of the application.

(2.) RESPONDENT herein was examined as PW1 and the revision petitioner was examined as RW1 and Ext.D1 was marked on the side of the revision petitioner. After considering the evidence on record, court below found that respondent is entitled to get maintenance and directed the revision petitioner to pay a maintenance at the rate of Rs.2,000/ - per month from the date of petition. This order is being challenged by the revision petitioner.

(3.) THE counsel for the revision petitioner submitted that, she is now a divorced wife and after divorce he married again and having a child to be looked after. So he is a poor carpenter getting only meager income and he is unable to pay maintenance. She is doing some black magic and getting income, which is sufficient to meet her requirements.