PRAMOD K.G. Vs. MALINI S. AND OTHERS

JUDGEMENT

(1.) The respondent in M.C.No.306 of 2016 of the Family Court, Thiruvananthapuram, aggrieved by the order dated 13.11.2017, by which, he was directed to pay maintenance under section 125 Cr.P.C @Rs.12,000/- to the first respondent and Rs. 6,000/- to the second respondent has preferred this revision.

(2.) The matrimonial relationship between the revision petitioner and the first respondent herein is not in dispute. The paternity of the second respondent, as the child born in that matrimonial relationship is also not disputed. The matrimonial relationship between the revision petitioner and the first respondent got strained. They are living separately. Claiming that the first respondent was unable to maintain herself, she sought maintenance @Rs.20,000/- for herself and Rs. 10,000/- for the son. Revision petitioner appeared and filed detailed objection. The main contention was that, the first respondent was employed as a software engineer and was drawing salary. She was an income tax payee also. According to him, she was employed and drawing salary even at the time of institution of the proceeding. It was contended that, she was capable of maintaining herself and she was living separately from him without any valid reasons.

(3.) On the basis of the above pleadings, both sides let in evidence. Revision petitioner was examined as CPW1 and one witness as CPW2. On the side of the respondents, first respondent was examined as PW1. Court below, by the impugned order, granted the maintenance, which is under challenge.