(1.) The Revision Petitioner is the respondent in M.C.No.87/2016 before the Family Court, Thiruvananthapuram filed by the respondent herein claiming maintenance under Section 125(1) of the Criminal Procedure Code. The parties got married on 22.01.2012 in accordance with the custom of their community. While they were living at the residence of the revision petitioner, she was subjected to mental and physical cruelty. Respondent had also threatened to commit suicide. Due to the unusual behaviour of the respondent, the revision petitioner took her to the parental home and the same was done only after giving intimation to the Ollur Police Station. Thereafter the revision petitioner filed O.P.No.210/2013 before the Family Court, Thrissur for dissolution of marriage on the ground of cruelty. Inspite of summon being sent to the respondent, she did not care to contest the original petition. Thus the ex parte decree was passed on 29.05.2013. Thereafter the revision petitioner remarried on 28.08.2014 and he is having a daughter in the said wedlock. The revision petitioner was forced to leave the respondent in her parental house because of the unusual behaviour of the respondent.
(2.) Heard both sides.
(3.) The Family Court, Thiruvananthapuram has passed an order on 6th March, 2017 in M./C.No.87/2016, granting Rs.4, 000/- per month as maintenance to the respondent from the date of filing of the petition i.e. 02.02016. This petition has been filed under section 125(1) of the Cr.P.C. PW1 was examined on the side of the petitioner. CPW1 was examined and marked Exts.B1 to B3 on the side of the respondent. Petitioner's wife, who is the respondent herein has filed the present petition for getting maintenance under section 125 (1) of the Cr.P.C. stating that the revision petitioner has wilfully refused and neglected to maintain her. It is an admitted fact that the revision petitioner has got married after getting divorce from the respondent on 28.08.2014 and he is having a daughter in the said wedlock. He is unable to provide maintenance to the respondent. He has no case that respondent got remarried. Suppose the respondent is again married, the petitioner is exempted from paying maintenance. Ext.B1 is the order in O.P.No.210/2013 dated 29.05.2013 and Ext.B2 is the copy of the petition in O.P.No.210/2013 dated 06.02.2013 filed by the respondent. It is also borne out that an ex parte decree was granted by the Family Court, Thrissur and accordingly the petitioner has obtained ex parte decree against the revision petitioner. The respondent was examined as PW1 inorder to give evidence to prove that petitioner is presently earning income and he is working as a salesman in Nakshtra Gold & Diamonds, Perumbavoor and he is getting Rs.25, 000/- per month. CPW1's case is that he is getting only Rs.12, 000/- per month.