MOIDEEN Vs. NABEESHA

JUDGEMENT

(1.) Can the offer made by a husband that he is willing to maintain his wife on condition that she lives with his parents at the patrimonial home in his absence be reckoned as a sufficient offer under the second proviso to Section 125(3) or Section 125(4) or Section 125(5) of the Crl.P.C. to successfully resist the claim of the wife for maintenance This is the only question of relevance which comes up for consideration in this Crl.R.P.

(2.) This is the third tier of litigation and here I shall safely go by the facts as asserted by the petitioner in his evidence. It is his case that he works in a hotel in Mumbai and his wife must reside with his parents and siblings at her matrimonial home in Kasaragod District. He is not present in the matrimonial home and is able to come only annually taking leave from his place of employment. The wife refuses to live with his parents on the plea that she has been subjected to matrimonial cruelty. She made such allegations of cruelty against the petitioner as well as her in-laws. But in the course of trial, she agreed to live in a separate house away from the matrimonial home if he would provide such a separate residence.

(3.) The rival contestants examined themselves as P.W.1 and C.P.W.1. No other evidence whatsoever was adduced.