MUHAMMED ASHARAF Vs. E.N. NASEEMA AND ORS.

JUDGEMENT

(1.) THE petitioner is the respondent in M.C. No. 637 of 2009 on the files of the Family Court, Malappuram. The above M.C. was filed by the respondents herein, who are the wife and child of the petitioner, under Section 125 of the Code of Criminal Procedure, claiming maintenance allowance from the petitioner.

(2.) ACCORDING to the averments in the petition, the 1st respondent is the legally wedded wife of the petitioner. Their marriage was solemnized on 10/2/2002 and the 2nd respondent is the child born in that wed -lock. Now the petitioner has been neglecting to maintain them and refused to pay maintenance allowance. The 1st respondent has no job or income and the 2nd respondent is a minor school going student. The 1st respondent is unable to maintain herself and the 2nd respondent and now they are depending upon the parents of the 1st respondent for their livelihood; whereas the petitioner has sufficient means to pay maintenance allowance to them as he was employed abroad and getting Rs.25,000/ - per month and also another sum of Rs.20,000/ - from his chips business at Vellamunda, Wayanad.

(3.) AFTER considering the rival contentions, the court below directed the petitioner to pay maintenance allowance at the rate of Rs.3,000/ - to the 1st respondent and Rs.750/ - to the 2nd respondent. The legality of the entitlement of the maintenance allowance and the correctness of the determination of the quantum of maintenance allowance are under challenge in this revision petition.