SUHARA Vs. KUNHALI

JUDGEMENT

(1.) THE petitioners have come to this Court with this revision petition aggrieved by the order passed under Sec.125 Cr.P.C. by the learned Judge of the Family Court. THEy are aggrieved by the rejection of the claim for maintenance of the 1st petitioner/wife and the meager amount (Rs.750/- per mensem) awarded by the learned Judge to the 2nd claimant/child.

(2.) MARRIAGE is admitted. Paternity is not disputed. Separate residence is also conceded. There is an offer by the husband that he is willing to maintain the claimant/wife on condition that she lives with him. The claimant/wife resisted that the offer with the plea that she is subjected to mental and physical cruelty at the matrimonial home. The husband was employed abroad. She was left at the husband's house. She had to suffer cruelty at the hands of his relatives. She went back to her house on occasions. After the husband returned, the husband also indulged in the acts of cruelty against her. She was, in these circumstances, compelled to leave the matrimonial home shortly after the arrival of the husband in India.

(3.) PARTIES went to trial on these contentions. There was only the interested testimony of the claimant/wife as P.W.1 and the husband as R.W.1. Exts.B1 series were marked on the side of the respondent/husband.