ANIL DEVASIA Vs. NISHIDA K.

JUDGEMENT

(1.) The revision petitioner is aggrieved by an order for maintenance, obtained by his wife and the minor children under Section 125 of the Code of Criminal Procedure. He married the first respondent herein in 2004, and she has been residing separately since November 2012. The three children born in the wedlock were in the actual custody of the mother when claim for maintenance was filed under Section 125 of the Code of Criminal Procedure. Alleging cruelty and desertion, the wife brought M.C. No. 67/2013 in the Family Court, Kasaragod.

(2.) The husband (revision petitioner) entered appearance in the trial court, and resisted the claim on the contention that the wife has no reason to live separately, and that he has never neglected to maintain his wife and children.

(3.) The trial court conducted enquiry in the proceedings and recorded evidence. The wife examined herself as PW1 and the husband himself as RW1. Exts. B1 and B2 series were marked from the side of the husband.