KINTEL MUHAMMED Vs. SAFOORA E.

JUDGEMENT

(1.) The petitioner herein is the respondent in M.C.No. 89/2012 of the Family Court, Kannur. He challenges the order of maintenance obtained by his wife and children under Section 125 Cr.P.C. in M.C.89/2012. He married the 1st respondent in January, 1997, and four children were born in the wedlock. Two of the children are the petitioners 2 and 3 in the trial court. The other two had, by the time, attained majority, and they had also been given in marriage. The 1st respondent herein brought M.C.89/2012 for maintenance for herself and two minor children on the allegation that she has been residing separately with the children due to the cruel habits of her husband, for three years, and her husband has not cared to maintain her and the children for the last three years. Her further grievance is that he, in fact, married her by suppressing his earlier marriage, and after some time, he started residing with his first wife.

(2.) The revision petitioner entered appearance before the Family Court, and filed objection contending that he was in fact treated cruelly by his wife, that he has not contracted any other marriage, that his wife and children have their own income from different sources, and that he is not in a position to maintain them. He further contended that his wife has no reason to live separately and claim maintenance from him.

(3.) The trial court conducted an enquiry in the proceedings, and recorded evidence on both sides. The wife examined herself as PW1 and the husband examined himself as RW1. On an appreciation of the evidence, the trial court found that the husband is liable to pay maintenance to his wife and children. Accordingly, by order dated 12.7.2013 in M.C.89/2012, the husband was directed to pay maintenance to his wife and children at the rate of Rs.3,000/- each per month from the date of the petition. Aggrieved by the said order, the husband has come up in revision before this Court under Section 19(4) of the Family Courts Act.