BENNY THOMAS Vs. ELIZABETH BENNY

JUDGEMENT

(1.) The petitioner herein is aggrieved by the order granting maintenance in MC No.48/2015 by the Family Court, Thiruvalla to the respondent herein.

(2.) According to the respondent herein, who had filed the above MC, the petitioner herein married her on 12/2/1995. Two sons were born in the matrimonial relationship. Subsequently, their relationship got strained and they started living separately. Younger child was in the custody of the petitioner herein, whereas the elder son remained with the respondent, the mother. It was claimed that, the respondent herein had no income and was depending on others. The petitioner herein did not pay her any maintenance. It was alleged that, the petitioner herein was undertaking electrical contract works and earned Rs.50, 000/- per month. She claimed a sum of Rs.15, 000/- as maintenance for her.

(3.) The petitioner herein appeared and filed detailed objections denying the above allegations. He did not dispute the marriage and the birth of two children. She was living with the elder son in the house owned by him. According to him, he was not a contractor and was only an employee earning Rs.600/- per day. He used to get employment only for 20 days. It was alleged that, on 9/6/2012, the wife tried to strangulate him and he escaped from the attempt to kill him. He claimed that, he was maintaining both the children. There was a further allegation that, the wife was employed at Kolenchery, in the showroom of Idea Cellular, the mobile company.