SUBRAMANIAN Vs. KOUSALYA

JUDGEMENT

(1.) THE revision petitioner is aggrieved by an order obtained by is wife (respondent) from the Family Court, Irinjalakuda under Section 125 of the Code of Criminal Procedure (for short the 'Code'). He married her on 30/05/1976, and the four grown up children born in the wedlock are now with the mother. Alleging neglect and desertion since 2010, the wife filed M.C.No. 261/2012 before the Family Court for maintenance.

(2.) THE revision petitioner entered appearance in the trial court and resisted the claim on the contention that his wife must be well looked after by her sons who are well settled in life with job and income, that he was in fact driven out by his wife at old age, and that he is willing for a re -union despite the desertion made by his wife.

(3.) ON hearing the learned counsel and on perusal of the case records, I find that the respondent is in fact entitled for maintenance as a neglected wife. Of course, the marriage was long back in May 1976, and the four grown up children are now with the mother. It has come out in evidence that the three sons are well settled in life with god job and income. The daughter is also happy with her husband. That the children have attractive salary or other source of income, or that the mother is being well maintained by the sons, is not all a ground for the husband to wash his hands off the responsibility to maintain his wife. As on the date of filing of the petition, the wife was aged 61 years and the husband was aged 64 years. The revision petitioner is admittedly a pensioner. He retired form service as a Gazetted Officer. There is nothing to show that the respondent has any income of her own from property or otherwise. That the children have good income, or that the wife is happy and comfortable with the children, is not a ground or excuse for the husband not to pay maintenance to his wife. The court will have to fix some reasonable amount on a consideration of the income of the husband as a pensioner, and also the present circumstances of the wife that she is happy and pleasant with all facilities and amenities with the grown up children who are well settled in life.