SHEELA; STEENA Vs. ALBERT HEMSON @ JAMES

JUDGEMENT

(1.) Petitioners in M.C.No.334/2008 of Family Court, Ernakulam are the revision petitioners herein. The application was filed by the revision petitioners who are the wife and daughter of the respondent claiming maintenance under Section 125 of the Code of Criminal Procedure.

(2.) The case of the petitioners in the petition was that they belong to Christian community and first petitioner married the respondent on 03.01.1995 as per custom from Palayam St.Joseph Cathedral Church, Thiruvananthapuram and in that wedlock, the second petitioner was born on 16.10.1995. At the time of marriage, she was given 65 sovereigns of gold ornaments and Rs.5,00,000/- cash by her parents. At the time of marriage, respondent was working in Gulf in a Kuwait Company and he was working even now there. At the time of marriage, respondent was not having a house of his own. Petitioner was residing with the respondent, his brothers and sisters in the family house of the respondent. The gold ornaments and cash received by the petitioner at the time of her marriage were entrusted with the respondent as a trustee. Out of the gold ornaments, 35 sovereigns of gold ornaments and an amount of Rs.5,00,000/- were utilised by the respondent for meeting the necessities of his brothers and sisters. After the marriage, the respondent and his family members started harassing the petitioner both physically and mentally. Within one month from the date of marriage, she conceived and she gave birth to the second petitioner on 16.10.1995. She delivered the child from her house.

(3.) Respondent filed objection contending as follows: