SARADA Vs. KUMARAN

JUDGEMENT

(1.) The revision petitioner is the wife of the respondent. She filed M.C. 54 of 1973 before the Sub Divisional Magistrate, Alwaye claiming maintenance against the respondent. It was averred in the petition that the petitioner was living with the respondent till Kanni, 1148 (October, 1972). On the 26th of Kanni, 1148 she went to her parents' house just for a casual visit. The respondent thereafter refused to take her back. He did not care to maintain her. There were attempts from his side to get divorce from the petitioner. Arrangements have been made for bis marriage with a girl at Thrikkakara. The claim in the petition was for maintenance at the rate of Rs. 75/.

(2.) The respondent in his objections stated that the petitioner left his house without his consent and denied that there was any refusal on his part to take back the petitioner. There used to be disputes over some ornaments of the petitioner which her father took away. The respondent denied that there was any idea on his part to contract a second marriage. According to the respondent, attempts made by him and mediators to take the petitioner to his house have failed. He is prepared to maintain her; but the petitioner has refused to live with him without sufficient reasons.

(3.) The Sub Divisional Magistrate, Alwaye did not accept the contentions of the respondent and allowed maintenance to the petitioner at a monthly rate of Rs. 50/-. The respondent filed Crl. R. P. 6 of 1975 before the Sessions Judge, Ernakulam. The learned Sessions Judge accepted the case of the respondent about bis offer to maintain the petitioner. The court observed that the burden of proving that there was sufficient reason for her refusal to live with the husband was on the petitioner and as she has not discharged that burden, she was not entitled to maintenance. The revision petition was accordingly allowed. The petitioner challenges the above order in this court. The respondent did not put in appearance.