VISWANATHAN P K Vs. GEETHAKUMARI

JUDGEMENT

(1.) The revision petitioner challenges the order of the Judicial First Class Magistrate Court-II, Palakkad in MC.No.173/2014, by which he was directed to pay maintenance to his wife and children, in an application filed under section 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as DV Act).

(2.) The first respondent herein who is admittedly the wife of the revision petitioner filed the application contending that the revision petitioner harassed her mentally and physically and refused to maintain her and two children. It was alleged that he had committed acts of domestic violence. She claimed maintenance @ Rs.5000/- for herself and for each of the child. The revision petitioner appeared and contended that he was aged 63 years, that he was thrown out of the house and that he had no sufficient income to maintain wife and children. It was also contended that the first respondent herein was employed as an LIC agent and also as a sales officer in a jewellery. The elder daughter used to take tuition and earned more than Rs.20, 000/- every month.

(3.) Both sides let in evidence to prove the rival claims. The court below, on an evaluation of the available materials concluded that the first respondent was unable to maintain herself and the children and directed the revision petitioner to pay maintenance @ Rs.3000/- each to the wife and the first child and Rs.1000/- to the second child. Aggrieved by the above order, the revision petitioner has preferred this revision.