ANILKUMAR Vs. L RENU,W/O ANILKUMAR

JUDGEMENT

(1.) The revision is filed against an order directing the revision petitioner to pay maintenance to the respondents in the revision. We refer to the parties as they are shown in the application put in before the family court.

(2.) The case of the petitioners may be briefly stated as follows: The first petitioner was married to the respondent. The marriage was on 10.1991. The second petitioner is the only progeny born in the wedlock. She is a minor. The respondent lives away from the petitioners. The respondent was cruel to the first petitioner. The former had no affection towards the second petitioner. The respondent has been harassing and ill-treating the first petitioner. The former is not providing maintenance to the petitioners. The respondent was serving the Indian army. Under the provisions of the Army Act, the petitioners were being paid Rs. 1,354/- a month as maintenance from the salary of the respondent. It is understood that the respondent is planning to go for voluntary retirement. He will have a pension of more than Rs. 7,000/- in case of his retirement. The petitioners who are unable to maintain themselves are entitled to get Rs. 2,000/- per month as maintenance.

(3.) The respondent opposed the claim for maintenance. His contentions go as under: The first petitioner is leading an adulterous life. She is therefore not entitled to seek maintenance. She has extramarital relationship with her first cousin by name Anilkumar @ Mohanan. The respondent has seen the sexual act between his wife and her paramour. The respondent was even told by his wife that the child was not the child of the respondent. The proceedings for divorce is pending. The first petitioner was very cruel to the respondent. The respondent had retired from military service. He is getting a pension of Rs. 1,556/- only. With that he has to maintain his aged mother and mentally retarded sister. The first petitioner is having a job in the military canteen. Her mother is also a working woman. The first petitioner is capable of maintaining herself.