RAIHANATH AND OTHERS Vs. MUSTHAFA AND ANOTHER

JUDGEMENT

(1.) The revision petitioners are the petitioners Nos. 1, 3 and 4 in MC.NO.195/2016 of the Family Court, Malappuram. The first petitioner is the mother of the second and third revision petitioners herein. They along with the another child of the first revision petitioner filed MC seeking maintenance @ Rs. 10,000/- for the first revision petitioner and Rs. 5000/- each to the remaining revision petitioners in the MC. It was contended that the revision petitioners did not have sufficient means to maintain themselves, whereas the first respondent herein was running meat business at Bangalore and was earning Rs. 50,000/- per month. The above contention was strongly rebutted by the first respondent herein, who alleged that the first revision petitioner was living in adultery having relationship with one Mayikath Mohammed.

(2.) On the basis of the rival contentions, evidence was let in by both sides. On the side of the revision petitioners she got herself examined as PW1 and other witnesses were examined. On the side of the first respondent, he got himself examined as RW1 and the eldest child, who is arrayed as the second respondent herein was examined as RW2. On the basis of the available materials, the court below concluded that the first revision petitioner was living in adultery and declined maintenance to the petitioners. This is under challenge in the present proceedings.

(3.) Assailing the above conclusion, the learned counsel for the revision petitioners contended that even assuming that the first revision petitioner was living in adultery, the court below went wrong in declining maintenance to the children. It was contended that even in a case of proved adultery, that can be a ground for declining maintenance to the wife and not to the children. It seems that the court below, relying on the oral testimony of RW2, the elder son of the first revision petitioner held that the first revision petitioner was living in adultery. The solitary version of that witness was that on a particular day, during midnight, when he stepped out of the bed room to answer the call of nature, he saw the mother and Mayikath Muhammed talking to each other, sitting in the varandah. He claimed that he warned Muhammed against such conduct. He thereupon assaulted RW2, it is alleged.