PRAMOD KUMAR Vs. SAJIMOL

JUDGEMENT

(1.) THE revision petitioner is the respondent in M.C. No. 523 of 2009 on the file of Family Court, Malappuram. The above M.C. was filed by the respondent herein, who is the divorced wife of the petitioner, claiming maintenance allowance under Section 125 of the Code of Criminal Procedure. According to the respondent, she has no job or any sources of income and she is unable to maintain herself. Whereas, the petitioner is employed in Soudi Arabia as a driver of container lorry and earning Rs. 40,000/ - per month. In addition to that, he has agricultural income of Rs. 10,000/ - per month. She claimed maintenance allowance at the rate of Rs. 5,000/ - per month.

(2.) THE petitioner filed a counter statement admitting that the respondent is his divorced wife, but contended that she is able enough to maintain herself and he is not getting so much amount as claimed by the respondent as his monthly income. It is also contended that, after the divorce, he had paid Rs. 1 lakh to the respondent towards her maintenance allowance and thereby, he discharged the liability under Section 125(1)(A) of Cr.P.C. According to him, he is only a coolie and earning Rs. 2,50/ - per day only. He admitted that, he was employed as a driver in Soudi Arabia for three years. After considering the rival contentions, the court below directed the petitioner to pay maintenance allowance at the rate of Rs. 3,000/ - per month. The entitlement and correctness of quantum of maintenance allowance determined by the court below is under challenge in this revision petition.

(3.) THE learned Counsel for the petitioner contended that, the court below has failed to appreciate Ext. D2 agreement in its correct perspective. So also, it is argued that the quantum of maintenance allowance determined by the court below is not proportionate with the income of the petitioner and it is excessive.