SAKEER HUSSAIN T.P Vs. NASEERA

JUDGEMENT

(1.) The revision petitioner, who is the respondent/husband in M.C.No.33/2014 of the Family Court, Kozhikode in a proceeding under Section 125 of the Cr.P.C. challenges the order granting maintenance to his wife and three children.

(2.) The wife laid an application under Section 125 of the Cr.P.C. seeking maintenance. The respondent appeared and filed an objection contesting the claim made by the wife and children. It was specifically contended that due to loss of eye sight, he was unable to maintain himself. Pending the proceedings, the Family Court ordered interim maintenance to the three children. On 25/11/2014, noting that the interim order of maintenance has not been complied with, the court below by Annexure-A1 order struck off the defence of the husband. The case was posted for hearing ex parte, since there was no representation for the husband. Later, applications for review and setting aside the ex parte order were filed, which were dismissed by separate orders. Thereafter, the court below, by the impugned order directed the husband to pay maintenance to the wife and children. This is assailed in this proceedings.

(3.) Heard the learned counsel for the petitioner and the learned counsel for the respondents.