KRISHNAN NAIR Vs. NALINI AMMA

JUDGEMENT

(1.) This is a matrimonial matter. The litigation has marred not merely the marital relations of the spouses but also the life and career of the off - springs of the union, two daughters and a son. The husband, a teacher, now aged 48, has sought a dissolution from his wife, aged about 38. That petition filed in 1985 is still pending. The wife sought pendente lite maintenance for herself and her minor children, at the rate of Rs. 150/- each and Rs. 1,000/- towards litigation expenses.

(2.) Twenty five cents of land and six coconut trees cannot possibly sustain a mother and three children, two of whom are prosecuting their studies in the colleges. The wife stated in her affidavit that the husband had an aggregate emoluments of Rs. 2,200/- per mensum and an additional agricultural income of Rs. 1000/- from a rubber plantation. The husband therefore had the capacity, and a liability, to pay the maintenance, according to the wife.

(3.) The court below, on an evaluation of the affidavits of the parties, took the view that the husband had the capacity to pay the maintenance. That view cannot be justifiably challenged. A duty to maintain was also found by that court. That too is immune from challenge in this revision.