NOUSHAD Vs. JAMSHINA

JUDGEMENT

(1.) The petitioner has come to this Court with this revision petition to assail an order passed under Sec. 125 Cr.P.C. by the Family Court obliging him to pay maintenance at the rate of Rs.1,500.00 and Rs.600.00 per month respectively to the claimants, his wife and child.

(2.) Marriage is admitted. Paternity is conceded. Separate residence is also admitted. There was an offer by the petitioner to maintain the wife on condition that she lives with him. Proceedings under Sec. 498 A IPC are pending. The wife tendered evidence as PW1 and petitioner tendered evidence as RW1. Ext.D1 series of documents were produced by the petitioner to show that he has been undergoing treatment.

(3.) The learned Judge of the Family Court on an evaluation of all the relevant inputs came to the conclusion that wife has shown satisfactory reasons to justify her separate residence. Thereupon the Court proceeded to consider the quantum of maintenance that can be directed to be paid. The court took note of the fact that the petitioner is admittedly a painter. His father is a painting contractor, it had come out in evidence. The learned Judge drew the presumption that now a skilled worker/painter must be getting an income of Rs.200.00 per day. The learned Judge then came to the conclusion that the petitioner can be directed to pay an amount of Rs.1,500.00 and Rs.600.00 per month to the wife and child.