RATHEESH CHANDRAN Vs. REMA DEVI S.

JUDGEMENT

(1.) Can a wife be denied maintenance if she is well-qualified and capable of earning but not working? - This is the main point raised for consideration in this Revision Petition.

(2.) The petitioner is the husband of the first respondent and the father of the second respondent. The respondents filed M.C. No.89/2017 under Sec. 125(1) of Cr.P.C. against the petitioner before the Family Court, Nedumangad, claiming maintenance at the rate of Rs.15,000.00 and Rs.7,000.00 respectively. The petitioner resisted the claim mainly on two grounds: (i) the first respondent is a well-qualified teacher by profession and has sufficient means to maintain herself, and (ii) the first respondent left the company of the petitioner without any valid reason and hence she is not entitled to claim maintenance. The Family Court repelled those contentions and granted monthly maintenance at the rate of Rs.6,000.00 and Rs.4,500.00 respectively to the respondents. This revision petition has been filed by the petitioner challenging the said order.

(3.) I have heard Sri.Ajit G. Anjarlekar, the learned counsel for the petitioner, and Sri.R.B. Rajesh, the learned counsel for the respondents.