JINESH C.R. Vs. ASWATHY P.R.

JUDGEMENT

(1.) This revision petition has been filed challenging the order of maintenance granted by the Family Court, Muvattupuzha, in a proceedings under Sec. 125 of Cr.P.C.

(2.) The petitioner herein is the husband of the respondent. Their marriage was solemnised on 12/9/2003. After a few years of marriage, marital disputes arose between them. The petitioner filed an original petition for divorce before the Family Court, Muvattupuzha, as O.P.No.918/2019. It is submitted that it was allowed, and divorce was granted. The respondent filed M.C. No.135/2020 in the same court, invoking Sec. 125 of Cr.P.C., claiming maintenance at the rate of Rs.25,000.00 per month. The petitioner resisted the claim mainly on the ground that the respondent is living in adultery and hence she is disentitled to claim maintenance under subsection (4) of Sec. 125 of Cr.P.C. The Family Court did not accept the said contention and allowed the maintenance case, directing the petitioner to pay maintenance at the rate of Rs.7,500.00 per month to the respondent as per the impugned order.

(3.) I have heard Sri.A. Rajasimhan, the learned counsel for the petitioner, and Sri.T.K. Rajeshkumar, the learned counsel for the respondent.