ARUN JOY Vs. ASWATHY

JUDGEMENT

(1.) BOTH the parties in a maintenance proceeding under Section 125 Cr.P.C before the Family Court, Thodupuzha are aggrieved by the order passed by the Family Court. The revision petitioners in R.P.(FC) No.272/2014 are the wife and two minor children who claimed maintenance under Section 125 Cr.P.C, and the revision petitioner in R.P. (FC)No.138/2014 is the person liable to pay maintenance. Though huge amount was claimed by the wife and children, the trial court awarded Rs.4000/ - per month to the wife and Rs.3000/ - each per month to the two children. The husband who is directed to pay maintenance is aggrieved by the said order, but the wife and children are not satisfied with the amount awarded by the Family Court. Thus both the parties have come up in revision.

(2.) THE first revision petitioner in R.P.(FC) No.272/2014 was married by the revision petitioner in R.P.(FC)No.138/2014 on 20/06/2005. She has been residing separately with her children since 09/09/2012. Her grievance is that she had been subjected to mental and physical torture by her husband, and she was driven out when she questioned his bad ways including illicit connection with another lady. She also alleges that the husband has not provided anything to her and her children since the separation.

(3.) THE trial court conducted enquiry in the proceedings and recorded evidence. Two witnesses including the wife were examined on her side. The husband examined himself as RW1. Exts. A1 to A11 were marked on the side of the wife and children, and Ext.B1 was marked on the side of the husband. On an appreciation of evidence, the trial court found that the wife has her own reason to live separately, and she is not capable of maintaining herself. The court also found that the husband has good income from various sources including textile business, and that he is affluent enough to pay reasonably and adequately to his wife and children. Accordingly, the impugned order was passed by the trial court.