ANISH K. VARGHESE Vs. SINI ANISH

JUDGEMENT

(1.) Both the revisions are directed against the order of the Family Court, Ernakulam in M.C. No.36/2013, by which the husband was directed to pay maintenance to the wife and the daughter. The husband has preferred R.P.(FC) No.490/2014 challenging the order granting maintenance. R.P.(FC) No.276 of 2015 is filed by the wife and the child contending that the amount ordered as maintenance is less and seeking enhancement.

(2.) The wife and the child filed an application invoking Section 125 of the Cr.P.C. It was stated that the marriage between the husband and the wife took place on 8/9/2008. Thereafter, the husband used to harass her both mentally and physically. She gave birth to a child on 17/8/2009. It was a premature delivery and the child was physically challenged. It had many abnormalities, for which treatments were given at various hospitals and the doctors advised to continue the medical attention till the child attained the age of 10 years. She is continuing treatment by physiotherapy, electric stimulation, oil massage and regular check up. A second phase surgery is also proposed to be conducted in the near future.

(3.) The husband appeared and filed objections disputing the above claims. He claimed that the wife was an engineering graduate and was capable of getting enough salary for herself. She had in fact enough earninings. The child was studying in an aided school and she did not require any expenses. The child was not given proper medical care and was not required to be given much care. He was employed in Jubilee Mission Hospital as PRO. Thereafter, he lost his employment due to the intervention of the wife and her parents. He is not having any income of his own.