SAFIYA VILAHIPPILAN AND OTHERS Vs. ABDULLA

JUDGEMENT

(1.) The revision petitioner is the first petitioner in M.C.No.56/2013 of the Family Court, Malappuram in which she claimed maintenance @ Rs. 6000/- each to herself and her daughter. She claimed that the husband was well employed and was capable of maintaining her. Since she was subjected to harass mental and physical cruelty, the matrimonial relationship got strained and they were living separately. She was unemployed and sought maintenance.

(2.) The respondent appeared and denied the above contentions. He contended that he has no employment and that he was completely depending on his brother, who was running a business. The allegation of domestic violence was also denied by him.

(3.) The court below, on the basis of the evaluation of evidence held that there was no valid cause for the wife to remain away from the matrimonial home and that her allegation was that she was thrown out of the matrimonial home was not established. The court concluded that the claim set up by the revision petitioner herein was false. However, the court found in favour of the child - the second petitioner therein and granted maintenance @ Rs. 2500/- per month.