O K MANOJ Vs. M SINDHU

JUDGEMENT

(1.) This revision petition is directed against a direction issued to the petitioner by the Family Court under S.125 CrPC to pay maintenance at the rate of Rs. 1500 p.m. to the claimant, admittedly his wife.

(2.) The marriage between the contestants was solemnised on 06/09/2004. Separate residence of the spouses is admitted. While the claimant wife asserted that cruelty of the husband and the inlaws had led to disturbance in her mental state, the petitioner contended that the claimant was mentally ill and the marriage was not valid for that reason. Proceedings for declaration of nullity of marriage is pending before the Family Court, it is submitted.

(3.) Marriage and separate residence were admitted. There was no offer to maintain the wife on condition that she lives with the husband. The learned Judge of the Family Court in these circumstances proceeded to consider the quantum of maintenance payable and directed payment of maintenance at the rate of Rs. 1,500 p.m. The petitioner claims to be aggrieved by the said order.